30 April 1998
Adopted by the Security Council at its 3877th meeting
on 30 April 1998
The Security Council,
Reaffirming its resolution 955 (1994) of 8 November 1994,
Recalling its decision in that resolution to consider
increasing the number of judges and Trial Chambers of the
International Tribunal for Rwanda if it becomes necessary,
Remaining convinced that in the particular circumstances
of Rwanda, the prosecution of persons responsible for serious
violations of international humanitarian law will contribute to
the process of national reconciliation and to the restoration and
maintenance of peace in Rwanda and in the region,
Stressing the need for international cooperation to
strengthen the courts and judicial system of Rwanda, having
regard in particular to the necessity for those courts to deal
with a large number of accused awaiting trial,
Having considered the letter of the President of the
International Tribunal for Rwanda, transmitted by identical
letters from the Secretary-General to the Presidents of the
Security Council and the General Assembly dated 15 October 1997
(S/1997/812),
Convinced of the need to increase the
number of judges and Trial Chambers, in order to enable the
International Tribunal for Rwanda to try without delay the large
number of accused awaiting trial,
Noting the progress being made in improving the efficient functioning of the International Tribunal for Rwanda, and convinced of the need for its organs to continue their efforts to further such progress,
Acting under Chapter VII of the Charter
of the United Nations,
1. Decides to establish a third Trial
Chamber of the International Tribunal for Rwanda, and to this end
decides to amend articles 10, 11 and 12 of the Statute of
the Tribunal and to replace those articles with the provisions
set out in the annex to this resolution;
2. Decides that the elections for the
judges of the three Trial Chambers shall be held together, for a
term of office to expire on 24 May 2003;
3. Decides that, as an exceptional
measure to enable the third Trial Chamber to begin to function at
the earliest possible date and without prejudice to Article 12,
paragraph 5, of the Statute of the International Tribunal for
Rwanda, three newly elected judges, designated by the
Secretary-General in consultation with the President of the
International Tribunal, shall commence their term of office as
soon as possible following the elections;
4. Urges all States to cooperate fully
with the International Tribunal for Rwanda and its organs in
accordance with resolution 955 (1994), and welcomes the
cooperation already extended to the International Tribunal in the
fulfilment of its mandate;
5. Urges also the organs of the
International Tribunal for Rwanda actively to continue their
efforts to increase further the efficiency of the work of the
International Tribunal in their respective areas and in this
connection further calls upon them to consider how their
procedures and methods of work could be enhanced, taking into
account relevant recommendations in this regard;
6. Requests the Secretary-General to
make practical arrangements for the elections mentioned in
paragraph 2 above and for enhancing the effective functioning of
the International Tribunal for Rwanda, including the timely
provision of personnel and facilities, in particular for the
third Trial Chamber and related offices of the Prosecutor, and
further requests him to keep the Security Council closely
informed of progress in this regard;
7. Decides to remain actively seized of
the matter.
ANNEX
STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
...
Article 10
Organization of the
International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the
following organs:
(a) The Chambers, comprising three Trial
Chambers and an Appeals Chamber;
(b) The Prosecutor;
(c) A Registry.
Article 11
Composition of the Chambers
The Chambers shall be composed of fourteen
independent judges, no two of whom may be nationals of the same
State, who shall serve as follows:
(a) Three judges shall serve in each of the
Trial Chambers;
(b) Five judges shall serve in the Appeals
Chamber.
Article 12
Qualification and election of judges
1. The judges shall be persons of high moral character,
impartiality and integrity who possess the qualifications
required in their respective countries for appointment to the
highest judicial offices. In the overall composition of the
Chambers due account shall be taken of the experience of the
judges in criminal law, international law, including
international humanitarian law and human rights law.
2. The members of the Appeals Chamber of the International
Tribunal for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed in the
Territory of the Former Yugoslavia since 1991 (hereinafter
referred to as "the International Tribunal for the Former
Yugoslavia") shall also serve as the members of the Appeals
Chamber of the International Tribunal for Rwanda.
3. The judges of the Trial Chambers of the International Tribunal
for Rwanda shall be elected by the General Assembly from a list
submitted by the Security Council, in the following manner:
(a) The Secretary-General shall invite nominations for judges of
the Trial Chambers from States Members of the United Nations and
non-member States maintaining permanent observer missions at
United Nations Headquarters;
(b) Within thirty days of the date of the invitation of the
Secretary-General, each State may nominate up to two candidates
meeting the qualifications set out in paragraph 1 above, no two
of whom shall be of the same nationality and neither of whom
shall be of the same nationality as any judge on the Appeals
Chamber;
(c) The Secretary-General shall forward the nominations received
to the Security Council. From the nominations received, the
Security Council shall establish a list of not less than eighteen
and not more than twenty-seven candidates, taking due account of
adequate representation on the International Tribunal for Rwanda
of the principal legal systems of the world;
(d) The President of the Security Council shall transmit the list
of candidates to the President of the General Assembly. From that
list, the General Assembly shall elect the nine judges of the
Trial Chambers. The candidates who receive an absolute majority
of the votes of the States Members of the United Nations and of
the non-member States maintaining permanent observer missions at
United Nations Headquarters shall be declared elected. Should two
candidates of the same nationality obtain the required majority
vote, the one who received the higher number of votes shall be
considered elected.
4. In the event of a vacancy in the Trial Chambers, after
consultation with the Presidents of the Security Council and the
General Assembly, the Secretary-General shall appoint a person
meeting the qualifications of paragraph 1 above, for the
remainder of the term of office concerned.
5. The judges of the Trial Chambers shall be elected for a term
of four years. The terms and conditions of service shall be those
of the judges of the International Tribunal for the Former
Yugoslavia. They shall be eligible for re-election.
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