# The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2006 S.I. 2006/1923 · made 19 July 2006 This Order is made under the United Nations Act 1946. Made under: 1946 c. 45 (Section 1) PDFs: Printed copy https://openlegislation.uk/united-nations-international-tribunals-former-yugoslavia-and-rwanda-amendment-order-2006/pdf/uksi_20061923_en.pdf ## Introductory text UNITED NATIONS Made 19th July 2006 Laid before Parliament 31st July 2006 Coming into force 22nd August 2006 At the Court at Buckingham Palace, the 19th day of July 2006 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, by virtue and in exercise of the powers vested in Her by section 1 of the United Nations Act 1946, is pleased, by and with the advice of Her Privy Council, to order, as follows:- ## 1 Citation, commencement and extent (1) This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2006 and shall come into force on 22nd August 2006. (2) This Order extends to the United Kingdom. ## 2 Citation, commencement and extent The Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 is amended by deleting Articles 12, 13 bis, 13 ter, 13 quater and 14 of the Statute of the International Tribunal and substituting for them the provisions set out in Schedule 1 to this Order. ## 3 Citation, commencement and extent The Schedule to the United Nations (International Tribunal) (Rwanda) Order 1996 is amended by deleting Articles 11, 12, 12 bis, 12 ter, 12 quater, 13 and 15 of the Statute of the International Tribunal and substituting for them the provisions set out in Schedule 2 to this Order. ## Signature A K Galloway Clerk of the Privy Council ### Part Article 12: Composition of the Chambers ## 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 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. ## 2 Three permanent judges and a maximum at any one time of 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. ## 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. ## 4 A person who for the purposes of membership of the Chambers of the International Tribunal could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. ## 5 The Secretary-General may, at the request of the President of the International Tribunal appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges to be present at each stage of a trial to which they have been appointed and to replace a judge if that judge is unable to continue sitting. ## 6 Without prejudice to paragraph 2 above, in the event that exceptional circumstances require for a permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely comprised of ad litem judges, that section may continue to hear the case, notwithstanding that its composition no longer includes a permanent judge. ### Part Article 13 bis: Election of permanent judges ### Part Article 13 ter: Election and appointment of ad litem judges ### Part Article 13 quater: Status of ad litem judges ### Part Article 14: Officers and Members of the Chambers ## 7 The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of the Trial Chamber as a whole. ### Part Article 11: Composition of the Chambers ## 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 12 ter, paragraph 2, of the present Statute, no two of whom may be nationals of the same State. ## 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 present Statute and shall render judgement in accordance with the same rules. ## 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. ## 4 A person who for the purposes of membership of the Chambers of the International Tribunal for Rwanda could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. ## Article 12 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. ### Part Article 12 bis: Election of permanent judges ### Part Article 12 ter: Election and appointment of ad litem judges ### Part Article 12 quater: Status of ad litem judges ### Part Article 13: Officers and members of the Chambers ## 5 After consultation with the permanent judges of the International Tribunal for Rwanda, the President shall assign such ad litem judges as may from time to time be appointed to serve in the International Tribunal for Rwanda to the Trial Chambers. ## 6 A judge shall serve only in the Chamber to which he or she was assigned. ## 7 The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their number, who shall oversee the work of that Trial Chamber as a whole. ### Part Article 15: The Prosecutor ## Explanatory note (This note is not part of the Order) This Order is made under the United Nations Act 1946. It further amends the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 to reflect the decisions of the Security Council of the United Nations in Resolution 1411 (2002), Resolution 1431 (2002), Resolution 1481 (2003), Resolution 1597 (2005) and Resolution 1660 (2006) amending the Statute 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 established by Resolution 827 (1993) of the Security Council of the United Nations. The Order also further amends the United Nations (International Tribunal) (Rwanda) (Order) 1996 to reflect the decisions of the Security Council of the United Nations in Resolution 1411 (2002), Resolution 1503 (2003) and Resolution 1512 (2003) amending the Statute of the International 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 1st January 1994 and 31st December 1994, established by Resolution 955 (1994) of the Security Council of the United Nations. The Order also makes provision to implement the decision of the Security Council of the United Nations in Resolution 1431 (2002) which established a pool of ad litem judges in the International Tribunal for Rwanda. --- Source: https://www.legislation.gov.uk/uksi/2006/1923 (the official version) Page: https://openlegislation.uk/united-nations-international-tribunals-former-yugoslavia-and-rwanda-amendment-order-2006 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.