The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2012

• Citation: S.I. 2012/2559
• Sections: 12

Section 1 Citation, commencement and extent

(1) This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2012 and shall come into force on 8th November 2012.

(2) This Order extends to the United Kingdom.

(3) Articles 1 and 4 of this Order also extend to the territories listed in the Schedule to the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Dependent Territories) Order 1997 .

Section 2 Amendment of 1996 Orders

The Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 is amended by deleting Article 12, paragraphs 1 and 2 and Article 14, paragraphs 3 and 4 of the Statute of the International Tribunal and substituting for them the provisions set out in Schedule 1 to this Order.

Section 3 Amendment of 1996 Orders

The Schedule to the United Nations (International Tribunal) (Rwanda) Order 1996 is amended by deleting Article 11, paragraphs 1 and 2, and Article 13, paragraph 3 of the Statute of the International Tribunal and inserting the provisions set out in Schedule 2 to this Order in the appropriate places.

Section 4 Amendment of 1997 Order

(1) Article 2 of the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Dependent Territories) Order 1997 is amended as follows.

(2) For the definition of “the 1996 Orders” substitute ““the 1996 Orders” means the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 as amended by S.I. 1997/1752 , 1998/1755 , 2000/1342 , 2000/3243 , 2001/412 , 2001/2563 , 2005/617 , 2005/3389 , 2006/1923 , 2012/ 2559 and section 78(2)(a) of the Police (Northern Ireland) Act 2000 (c. 32) and the United Nations (International Tribunal) (Rwanda) Order 1996, as amended by S.I. 1997/1751 , 1998/1755 , 2000/1342 , 2000/3243 , 2001/412 , 2001/3920 , 2005/617 , 2005/3389 , 2006/1923 (as amended by S.I. 2006/3326 ), 2009/2054 , 2012/2559 and section 78(2)(a) of the Police (Northern Ireland) Act 2000 (c. 32) ”.

Section 1

The Chambers shall be composed of a maximum of sixteen permanent independent judges, no two of whom may be nationals of the same State, and a maximum at any one time of twelve 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.

Section 2

A maximum at any one time of three permanent judges and nine 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, except in the circumstances specified in paragraph 5 below. 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.

Section 3

After consultation with the permanent judges of the International Tribunal, the President shall assign four of the permanent judges elected or appointed in accordance with article 13 bis of the Statute to the Appeals Chamber and nine to the Trial Chambers. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, the President may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial Chambers, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

Section 4

Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of that Tribunal, in consultation with the President of the International Tribunal, to be members of the Appeals Chamber and permanent judges of the International Tribunal. Notwithstanding the provisions of article 12, paragraph 1, and article 12, paragraph 3, up to four additional permanent judges serving in the Trial Chambers of the International Criminal Tribunal for Rwanda may be assigned to the Appeals Chamber by the President of that Tribunal, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office of the judges serving in the Appeals Chamber.

Section 1

The Chambers shall be composed of a maximum 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 12 ter , paragraph 2, of the present Statute, no two of whom may be nationals of the same State.

Section 2

Each Trial Chamber may be divided into sections of three judges each. A section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber under the present Statute and shall render judgment in accordance with the same rules.

Section 3

If there are no ad litem judges remaining on the roster or if no ad litem judge on the roster is available for appointment, and if it is not possible to assign a judge currently serving at the International Tribunal, and all practical alternatives having been explored, the Secretary General may, at the request of the President of the International Tribunal, appoint a former permanent or ad litem judge of the International Tribunal or the International Tribunal for the former Yugoslavia, to serve as an ad litem judge in the Trial Chambers for one or more trials.

Section 3

After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign two of the permanent judges elected or appointed in accordance with article 12 bis of the present Statute to be members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for Rwanda. Notwithstanding the provisions of article 11, paragraph 1 and article 11, paragraph 3, the President may assign to the Appeals Chamber up to four additional permanent judges serving in the Trial Chambers, on the completion of the cases to which each judge is assigned. The term of office of each judge redeployed to the Appeals Chamber shall be the same as the term of office as the judges serving in the Appeals Chamber.