United Nations Security Council Resolution 1165 – On the International Tribunal for the former Yugoslavia (ICTY)

Resolution 1165 (1998)

The Security Council,

Reaffirming its resolution 955 (1994) of 8 November 1994,

Recalling its decision in that resolution to consider increasing the number of judges and Trial Chambers of the International Tribunal for Rwanda if it becomes necessary,

Remaining convinced that in the particular circumstances of Rwanda, the prosecution of persons responsible for serious violations of international humanitarian law will contribute to the process of national reconciliation and to the restoration and maintenance of peace in Rwanda and in the region,

Stressing the need for international cooperation to strengthen the courts and judicial system of Rwanda, having regard in particular to the necessity for those courts to deal with a large number of accused awaiting trial,

Having considered the letter of the President of the International Tribunal for Rwanda, transmitted by identical letters from the Secretary-General to the Presidents of the Security Council and the General Assembly dated15 October 1997 (S/1997/812),

Convinced of the need to increase the number of judges and Trial Chambers,in order to enable the International Tribunal for Rwanda to try without delay the large number of accused awaiting trial,

Noting the progress being made in improving the efficient functioning of the International Tribunal for Rwanda, and convinced of the need for its organs to continue their efforts to further such progress,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to establish a third Trial Chamber of the International Tribunal for Rwanda, and to this end decides to amend articles 10, 11 and 12 of the Statute of the Tribunal and to replace those articles with the provisionsset out in the annex to this resolution;

2. Decides that the elections for the judges of the three Trial Chambersshall be held together, for a term of office to expire on 24 May 2003;

3. Decides that, as an exceptional measure to enable the third TrialChamber to begin to function at the earliest possible date and without prejudiceto Article 12, paragraph 5, of the Statute of the International Tribunal forRwanda, three newly elected judges, designated by the Secretary-General inconsultation with the President of the International Tribunal, shall commencetheir term of office as soon as possible following the elections;

4. Urges all States to cooperate fully with the International Tribunalfor Rwanda and its organs in accordance with resolution 955 (1994), and welcomesthe cooperation already extended to the International Tribunal in the fulfilmentof its mandate;

5. Urges also the organs of the International Tribunal for Rwandaactively to continue their efforts to increase further the efficiency of thework of the International Tribunal in their respective areas and in thisconnection further calls upon them to consider how their procedures and methodsof work could be enhanced, taking into account relevant recommendations in thisregard;

6. Requests the Secretary-General to make practical arrangements for the elections mentioned in paragraph 2 above and for enhancing the effectivefunctioning of the International Tribunal for Rwanda, including the timelyprovision of personnel and facilities, in particular for the third Trial Chamberand related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;

7. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 3877th meeting,on 30 April 1998.