United Nations Security Council Resolution 1166 – On the International Tribunal for the former Yugoslavia (ICTY)

Resolution 1166 (1998)

The Security Council,

Reaffirming its resolution 827 (1993) of 25 May 1993,

Remaining convinced that the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia contributes to the restoration and maintenance of peace in the former Yugoslavia,

Having considered the letter from the Secretary-General to the President of the Security Council dated 5 May 1998 (S/1998/376),

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

Noting the significant progress being made in improving the procedures ofthe International Tribunal, and convinced of the need for its organs to continuetheir 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, and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal and to replace those articles with the provisions set out in the annex to this resolution;

2. Decides that three additional judges shall be elected as soon aspossible to serve in the additional Trial Chamber, and decides also, withoutprejudice to article 13.4 of the Statute of the International Tribunal, thatonce elected they shall serve until the date of the expiry of the terms ofoffice of the existing judges, and that for the purpose of that election the Security Council shall, notwithstanding article 13.2 (c) of the Statute,establish a list from the nominations received of not less than six and not morethan nine candidates;

3. Urges all States to cooperate fully with the International Tribunal and its organs in accordance with their obligations under resolution 827 (1993)and the Statute of the International Tribunal and welcomes the cooperation already extended to the Tribunal in the fulfilment of its mandate;

4. Requests the Secretary-General to make practical arrangements for theelections mentioned in paragraph 2 above and for enhancing the effectivefunctioning of the International Tribunal, including the timely provision of personnel and facilities, in particular for the third Trial Chamber and relatedoffices of the Prosecutor, and further requests him to keep the Security Councilclosely informed of progress in this regard;

5. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 3878th meeting,on 13 May 1998.