| Date | 2 November 2006 |
|---|
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Agenda item 156
Extension of the terms of the ad litem judges 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 and 31 December 1994
Letter from the Secretary-General to the President of the General Assembly (A/61/509)
Letter from the President of the Security Council to the President of the General Assembly (A/61/548)
The Acting President
In document A/61/509, the Secretary-General transmitted a letter dated 23 August 2006 from Judge Erik Møse, President of the International Criminal Tribunal for Rwanda (ICTR), that directly relates to the ability of the International Tribunal to implement its completion strategy.
In his letter, the Secretary-General reports that the President recalls that the terms of office of the 18 ad litem judges will come to an end on 24 June 2007. The Secretary-General also reports that the President has requested that the terms of office of all 18 ad litem judges be extended until 31 December 2008, which is the date when trials at the International Tribunal are, in accordance with its completion strategy, expected to be completed.
Members will recall that the General Assembly, by its decision 57/414 C of 25 June 2003 and in accordance with article 12 ter, paragraph 1 (d), of the statute of the International Tribunal, elected from a list of candidates approved by the Security Council 18 ad litem judges to a four-year term of office beginning on 25 June 2003.
Of those 18 ad litem judges, the Secretary-General has to date appointed a total of 10 to serve on trials at the International Tribunal, nine of whom are, in accordance with the statute of the Tribunal, currently serving on either multi-accused or single-accused trials.
The Secretary-General also reports that the President of the Tribunal estimates that the multi-accused trials, in which six ad litem judges are serving, will continue beyond 24 June 2007, and, in addition, that there are two single-accused trials that the President has indicated may be completed only after 24 June 2007.
The Secretary-General further reports that the President of the International Tribunal does not wish the appointment of ad litem judges to new trials that will continue beyond 24 June 2007 to be delayed until after the election of new ad litem judges. He therefore wishes to be able to request the appointment of ad litem judges to new trials as soon as possible.
The President indicates that this may include, depending on their expertise and availability, not only ad litem judges who have previously been appointed, but also ad litem judges who have not yet been appointed to serve at the International Tribunal. He has accordingly requested that the terms of the remaining eight ad litem judges also be extended until 31 December 2008.
As the statute of the International Tribunal does not provide for extending the term of office of the ad litem judges, the approval of the Security Council, as the parent organ of the International Tribunal, and of the General Assembly, as the organ that elects its judges, would be needed in order to extend the term of office of all the ad litem judges of the International Tribunal elected on 25 June 2003. The Secretary-General, therefore, requests that the General Assembly and the Security Council grant such approval.
Furthermore, in his letter the Secretary-General reports that the approval of the Security Council and the General Assembly is needed to allow Judges Bossa, Arrey, Lattanzi, Muthoga, Short, Hökborg, Hikmet, Kam and Park to serve in the International Tribunal beyond the cumulative period of service provided for under article 12 ter, paragraph 2, of the statute of the International Tribunal and until 31 December 2008.
Article 12 ter, paragraph 2, provides that:
"During their term, ad litem judges will be appointed by the Secretary-General, upon request of the President of the International Tribunal for Rwanda, to serve in the Trial Chambers for one or more trials, for a cumulative period of up to, but not including, three years".
The Secretary-General therefore requests that the General Assembly and the Security Council grant such approval.
The Secretary-General reports that, as far as the financial consequences of the President's proposal are concerned, ad litem judges will have their terms extended only until the date when the completion of trials is foreseen. The Security Council and the General Assembly would then, in 2008, be able to review the status of the International Tribunal's ad litem judges.
The Secretary-General also reports that, in accordance with General Assembly resolution 57/289, should the cumulative period of service of ad litem judges amount to three years or more, this will not result in any change in their entitlements and benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist, which will, in such an eventuality, be extended pro rata by virtue of the extension of their service.
In document A/61/548, the President of the Security Council transmits to the President of the General Assembly the text of Council resolution 1717 (2006), of 13 October 2006, whereby the Council, inter alia:
"1. Decides in response to the request by the Secretary-General and notwithstanding the provisions of Article 12 ter of the Statute of the International Tribunal for Rwanda, to extend until 31 December 2008 the term of office of the following ad litem judges of the International Tribunal who were elected on 25 June 2003: Mr. Aydin Sefa Akay (Turkey); Ms. Florence Rita Arrey (Cameroon); Ms. Solomy Balungi Bossa (Uganda); Mr. Robert Fremr (Czech Republic); Ms. Taghrid Hikmet (Jordan); Ms. Karin Hökborg (Sweden); Mr. Vagn Joensen (Denmark); Mr. Gberdao Gustave Kam (Burkina Faso); Ms. Flavia Lattanzi (Italy); Mr. Kenneth Machin (United Kingdom of Great Britain and Northern Ireland); Mr. Joseph Edward Chiondo Masanche (United Republic of Tanzania); Mr. Tan Sri Dato'Hj. Mohd. Azmi Dato' Hj. Kamaruddin (Malaysia); Mr. Lee Gacuiga Muthoga (Kenya); Mr. Seon Ki Park (Republic of Korea); Mr. Mparany Mamy Richard Rajohnson (Madagascar); Mr. Emile Francis Short (Ghana); Mr. Albertus Henricus Johannes Swart (Netherlands); Ms. Aura E. Guerra de Villalaz (Panama).
"2. Decides in response to the request by the Secretary-General to allow ad litem Judges Bossa, Arrey, Lattanzi, Muthoga, Short, Hökborg, Hikmet, Kam and Park to serve in the International Tribunal for Rwanda beyond the cumulative period of service provided for under Article 12 ter of the Statute and until 31 December 2008;
"3. Requests States to continue to make every effort to ensure that their nationals who were elected as ad litem judges of the International Tribunal for Rwanda remain available to serve until 31 December 2008".
If there is no objection, I propose that the Assembly endorse this recommendation of the Secretary-General that was endorsed by the Security Council in its resolution 1717 (2006), and that the recommendation take effect as of 26 October 2006.
The Acting President
May I take it that it is the wish of the General Assembly to conclude its consideration of agenda item 156?
