3 October 2005
Security Council Decides Judge Can Participate in Case Due to Commence 3 October before Former Yugoslavia Tribunal
NEW YORK, 30 September (UN Headquarters) -- The Security Council this morning decided that Judge Christine Van Den Wyngaert could participate in a case about to commence before the International Tribunal for the Former Yugoslavia, even though her elected term as permanent judge of the Tribunal has not begun.
Unanimously adopting resolution 1629 (2005), the Council decided that, notwithstanding article 12 [concerning composition of the Tribunal's chambers] of the Tribunal's Statute, and notwithstanding that Judge Van Den Wyngaert's elected term as permanent judge of the Tribunal would only begin on 17 November, she be assigned as a permanent judge to the Mrksic et al. case [IT-95-13/1], which is due to commence on 3 October.
Judge Van Den Wyngaert's term of office as a member of the pool of ad litem judges came to an end on 11 June, according to a letter from the Secretary-General to the President of the General Assembly and the President of the Council dated 14 September (document A/60/362-S/2005/593). However, by Council resolution 1581 (2005), it was decided that Judge Van Den Wyngaert should continue beyond the expiry of her term as an ad litem judge in order to finish the Limaj case, due to be completed in November. On 19 November 2004, Judge Van Den Wyngaert had been elected as a permanent judge of the International Tribunal for a four-year term beginning on 17 November.
[Mile Mrksic, Miroslav Radic and Veslin Sljivancanin are charged on the basis of individual criminal responsibility and superior criminal responsibility with five counts of crimes against humanity and three counts of violations of the laws or customs of war. According to the Indictment, they participated in a joint criminal enterprise with the purpose of persecuting Croats or other non-Serbs who had been present in the Vukovar Hospital after the fall of Vukovar on 18 November 1991, through the commission of murder, torture, cruel treatment, extermination and inhumane acts.]
The meeting, which started at 10:17 a.m., was adjourned at 10:19 a.m.
The full text of resolution 1629 (2005) reads, as follows:
"The Security Council,
"Taking note of the letter to the President of the Security Council from the Secretary-General dated 14 September 2005 (S/2005/593),
"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."
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