20 February 2008
Security Council
SC/9257

Department of Public Information • News and Media Division • New York

Security Council

5841st Meeting (PM)


SECURITY COUNCIL APPROVES APPOINTMENT OF ADDITIONAL AD LITEM JUDGES


FOR FORMER YUGOSLAVIA TRIBUNAL


Resolution 1800 (2008) Adopted Unanimously


In order to enable the International Criminal Tribunal for the Former Yugoslavia to conduct additional trials as soon as possible and meet its completion strategy, the Security Council today gave the green light for the appointment of more ad litem judges than the 12 provided for in the court’s statute.


Unanimously adopting resolution 1800 (2008) and acting under Chapter VII of the United nations Charter, the Council decided that the Secretary-General may appoint, within existing resources, additional ad litem judges to the Tribunal, notwithstanding the fact that the total number of ad litem judges appointed to the Chambers would, from time to time, temporarily exceed the maximum of 12 provided for in the Tribunal’s statute.  The total number should not exceed 16 at any one time, returning to a maximum of 12 by 31 December 2008.


An ad litem judge is an “ad hoc” judge, appointed to participate only in a particular case or a limited set of cases.  The completion strategy, as set out in paragraph 7 of resolution 1503, adopted unanimously on 28 August 2003 under Chapter VII of the United Nations Charter, aims at completing all trial activities in first instance by the end of 2008 and completing all work in 2010. (See Press Release SC/7859)


The meeting started at 3:15 p.m. and was adjourned at 3:18 p.m.


Resolution


The full text of resolution 1800 (2008) reads as follows:


The Security Council,


Recalling its resolutions 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613 (2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006 and 1668 (2006) of 10 April 2006,


Taking note of the letters to the President of the Security Council from the Secretary-General dated 31 December 2007, 22 January 2008 and 8 February 2008,


Having considered the proposal made by the President of the International Tribunal for the former Yugoslavia (the International Tribunal) that the Secretary-General be authorized, within existing resources, to appoint additional ad litem judges upon request of the President of the International Tribunal, notwithstanding that their number will from time to time temporarily exceed the maximum of 12 provided under article 12 (1) of the statute to a maximum of 16 at any one time, returning to a maximum of 12 by 31 December 2008, to enable the International Tribunal to conduct additional trials once one or more of the permanent judges of the International Tribunal become available,


Recalling that resolution 1503 (2003) of 28 August 2003 called upon the International Tribunal to take all possible measures to complete all trial activities at first instance by the end of 2008 and to complete all work in 2010 (the International Tribunal’s completion strategy), and that resolution 1534 (2004) of 26 March 2004 emphasized the importance of fully implementing the International Tribunal’s completion strategy,


Convinced of the advisability of allowing the Secretary-General to appoint additional ad litem judges to the 12 ad litem judges authorized by the statute, as a temporary measure to enable the International Tribunal to conduct additional trials as soon as possible in order to meet completion strategy objectives,


Acting under Chapter VII of the Charter of the United Nations,


Decides, therefore, that the Secretary-General may appoint, within existing resources, additional ad litem judges upon request of the President of the International Tribunal in order to conduct additional trials, notwithstanding the fact that the total number of ad litem judges appointed to the Chambers will from time to time temporarily exceed the maximum of 12 provided for in article 12 (1) of the statute of the International Tribunal, to a maximum of 16 at any one time, returning to a maximum of 12 by 31 December 2008,


Decides to remain seized of the matter.”


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For information media • not an official record