| Date | 4 October 2005 |
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Agenda item 157
Election of judges 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
Letter from the Secretary-General (A/60/362)
Letter from the President of the Security Council (A/60/402)
The President
As indicated in the note by the Secretary-General contained in document A/60/231, the Secretary-General informs the Assembly that Judge Van Den Wyngaert's term of office as a member of the pool of ad litem judges had come to an end on 11 June 2005. She was authorized, however, by Security Council resolution 1581 (2005) and by a decision of the General Assembly taken at its 80th plenary meeting, on 20 January 2005, to continue her functions as an ad litem judge in the Limaj case beyond that date. On 19 November 2004, Judge Van Den Wyngaert had been elected a permanent judge of the International Tribunal with a term beginning on 17 November 2005.
Consequently, the approval of the Security Council and the General Assembly is needed to allow Judge Van Den Wyngaert to serve as of 3 October 2005 on the Mrksic case, given that she has been authorized to continue her functions only as an ad litem judge in the Limaj case and that she will begin her elected four-year term as a permanent judge of the International Tribunal only on 17 November 2005. The Secretary-General therefore proposes that the General Assembly and the Security Council authorize the assignment of Judge Van Den Wyngaert to serve as of 3 October 2005 on the Mrksic case before the International Tribunal.
In the letter addressed to the President of the General Assembly contained in document A/60/402, the President of the Security Council transmits the text of Council resolution 1629 (2005) of 30 September 2005, whereby the Council, inter alia:
"Decides that notwithstanding Article 12 of the Statute of the International Tribunal for the Former Yugoslavia and notwithstanding that Judge Christine Van Den Wyngaert's elected term as a permanent judge of the Tribunal will in accordance with Article 13 bis of the Tribunal's Statute only begin on 17 November 2005, she be assigned as a permanent judge to the Mrksic et al. case which is due to commence on 3 October 2005."
If there is no objection, I propose that the Assembly decide to endorse the recommendation of the Secretary-General that was endorsed by the Security Council in its resolution 1629 (2005) of 30 September 2005.
The President
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 157?
The President
I invite members to remain seated, as immediately following the adjournment of this meeting the General Assembly will hold its first informal meeting of the plenary to discuss the follow-up and implementation of the 2005 World Summit Outcome.
