United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2001

JurisdictionUK Non-devolved
CitationSI 2001/412
Year2001

2001 No. 412

UNITED NATIONS

The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2001

Made 14th February 2001

Laid before Parliament 26th February 2001

Coming into force 12th March 2001

At the Court at Buckingham Palace, the 14th day of February 2001

Present,

The Queen’s Most Excellent Majesty in Council

Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 25th May 1993, 13th May 1998 and 30th November 2000, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to certain decisions of that Council in relation to the former Yugoslavia:

And whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by resolutions adopted on 8th November 1994, 30th April 1998 and 30th November 2000, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to certain decisions of that Council in relation to Rwanda:

Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

Citation, commencement and extent

Citation, commencement and extent

S-1 This Order may be cited as the United Nations (International...

1.—(1) This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2001 and shall come into force on 12th March 2001.

(2) This Order extends to the United Kingdom.

S-2 The Schedule to the United Nations (International Tribunal)...

2. The Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 19962is amended by deleting Articles 12, 13 and 14 of the Statute of the International Tribunal and substituting therefor the provisions set out in Schedule 1 to this Order.

S-3 The Schedule to the United Nations (International Tribunal)...

3. The Schedule to the United Nations (International Tribunal) (Rwanda) Order 19963is amended by deleting Articles 11, 12 and 13 of the Statute of the International Tribunal and substituting therefor the provisions set out in Schedule 2 to this Order.

A. K. Galloway

Clerk of the Privy Council

SCHEDULE 1

Article 2

SCHEDULE 1

12 Composition of the Chambers

Article 12

Composition of the Chambers

SCH-1.1

1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of nine ad litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute, no two of whom may be nationals of the same State.

SCH-1.2

2. Three permanent judges and a maximum at any one time of six ad litem judges shall be members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with the same rules.

SCH-1.3

3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each appeal, be composed of five of its members.

13 Qualifications of judges

Article 13

Qualifications of judges

The permanent and ad litem 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 and sections of the Trial 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.

13 Election of permanent judges

Article 13 bis

Election of permanent judges

SCH-1.1

1. Fourteen of the permanent judges of the International Tribunal 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 International Tribunal from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;

(b) Within sixty 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 article 13 of the Statute, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge who is a member of the Appeals Chamber and who was elected or appointed a judge of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter referred to as “The International Tribunal for Rwanda”) in accordance with article 12 of the Statute of that Tribunal;

(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 twenty-eight and not more than forty-two candidates, taking due account of the adequate representation 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 fourteen permanent judges of the International Tribunal. 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.

SCH-1.2

2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the general Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned.

SCH-1.3

3. The permanent judges elected in accordance with this article shall be elected for a term of four years. The terms and conditions of service shall be those of the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT