United Nations Nations Unies D Lifl

United Nations Nations Unies INTEROFFICE MUMORANUUM MtMORANOUM INT1-KIEUK

TO: The Secretary-General A: 2003 Mr. S. Iqbal Riza RLFHRtNCll: THROUGH: Chef de Cabinet S/C DE: Hans Corell FROM: Under-Secretary-Genera>f6rJ_egaJ Affairs^ DE: The Legal Counsel

SUBJECT: Appointment of four ad litem judges to trials before th$ICTR OBJET:

1. Judge Erik Mose, President, ICTR, has requested that you appoint four ad litem judges to three trials before the ICTR. Please find those requests attached, r: > < • ^ ?;; - ~v '^ •' •-• 2. The ad litem judges concerned are: Ms. Florence Rita Arrey (Cameroon), Ms. Solomy Balungi Bossa (Uganda), Ms. Flavia Lattanzi (Italy) and Mr. Lee Gacuiga Muthoga (Kenya).

3. One of these judges — Ms. Bossa — was appointed in August to serve in the ICTR for a trial which commenced on 1 September. Hearings in that case are already drawing to a close. President M0se has requested her appointment to another case. That appointment would be additional to, and overlap with, her current appointment. The ICTR's Statute allows for this.

4. Under the Tribunal's Statute, it is for the President of the Tribunal to assess whether there is a need for ad litem judges to be appointed to the Tribunal in order to augment its capacity to conduct trials. If he considers that there is such a need, he then identifies the particular ad litem judges from the pool that he would like to hear a particular case.

5. In making this assessment, the President is required by the Statute to bear in mind: • the desirability of achieving, both among the judges as a whole and within the particular teams of judges sitting in specific cases, an appropriate balance of expertise in the fields of criminal law, general international law, international humanitarian law and human rights law; • the desirability of achieving, on the bench, adequate representation of the principal legal systems of the world; • the desirability of achieving equitable geographical distribution on the bench; • the importance of achieving a fair representation of female and male judges; • the votes the ad litem judges obtained during the elections in the General Assembly.

6. Upon receiving a request from the President for the appointment of a particular ad litem judge to a specific trial, it is for the Secretary-General to decide whether or not to accede to the President's request and to appoint the particular ad litem judge that he has requested.

7. Having reviewed the present requests, it is our view that they comply with Article 12 ter, paragraph 2, of the ICTR's Statute and that you may therefore properly proceed to appoint Ms. Arrey, Ms. Bossa, Ms. Lattanzi and Mr. Muthoga to serve in the ICTR for the trials concerned. i i 8. Letters appointing them are attached for your signature. D B I lifl OCTf EQSG/CENTRAI International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda Arusha International Conference Centre

UNTTED NATIONS P.O.Box 6016, Arusha, Tanzania - B.P. 6016, Arusha, Tanzanie NATIONS UNffiS Tel: 255 57 4207-11 4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848/49 e-mail [email protected] Office of the President Cabinet du President 10 October 2003

Dear Mr. Secretary-General,

I am writing to you to request the appointment of an ad litem judge to take office at the Tribunal, in accordance with Article 12 ter (2) of the Tribunal's Statute.

The trial in the Government II Case is scheduled to commence on Monday 3 November 2003. Only two permanent judges are available to sit in this case. Consequently, one ad litem judge is needed to constitute a Trial Chamber Section in order to conduct the trial. By the present letter, I am asking you to appoint Judge Lee Gacuiga Muthoga from the Republic of Kenya for this purpose.

The Government II trial involves four accused and is a voluminous case. The Prosecution has indicated its intention to call approximately 45 witnesses. The four Defence teams have not given an indication of the number of witnesses that will be called. Based on past experience, it is reasonable to assume that the presentation of the Defence case will take about the same time as that of the Prosecution case. It is estimated that this trial will be completed by late 2004 or the first half of 2005, and that judgment will be rendered no later than by the end of 2005.

H.E. Mr. Kofi Annan Secretary-General i C i 1 ¥ United Nations New York :fli OCT 1 3 2C03

OFFICE OF LEGAL AFFAIRS USG LOG NO. It would be preferable, for practical purposes, if Judge Muthoga's appointment could take effect from Monday 27 October 2003. .

Please be assured, Mr. Secretary-General, of my highest consideration.

Yours sincerely,

kI Judge Erik Mjzfse President

CC : Mr. Hans Corell Under-Secretary-General Office of Legal Affairs International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda Amsha International Conference Centre

UNTIED NATIONS P.O.Box 6016, Arusha, Tanzania - B.P. 6016, Amsha, Tanzanie NATIONS UNIES Tel: 255 57 4207-11 4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848/49 e-mail [email protected]

Office of the President Cabinet du President 10 October 2003

Dear Mr. Secretary-General,

I am writing to you to request the appointment of an ad litem judge to take office at the Tribunal, in accordance with Article 12 ter (2) of the Tribunal's Statute.

The trial in the Government I Case is scheduled to commence on Monday 3 November 2003. Only one permanent judge is available to sit in this case. Consequently, two ad litem judges are needed to constitute a Trial Chamber Section in order to conduct the trial. By the present letter, I am asking you to appoint Judge Flavia Lattanzi from Italy for this purpose.

The Government I trial involves four accused and is a voluminous case. The Prosecution has indicated its intention to call approximately 50 witnesses. The four Defence teams have not given an indication of the number of witnesses that will be called. Based on past experience, it is reasonable to assume that the presentation of the Defence case will take about the same time as that of the Prosecution case. It is estimated that this trial will be completed by late 2004 or the first half of 2005, and that judgment will be rendered no later than by the end of 2005.

H.E. Mr. Kofi Annan Secretary-General E n? in United Nations i Ii '-' New York ill U. OCT ! It would be preferable, for practical purposes, if Judge Lattanzi's appointment could take effect from Monday 27 October 2003.

Please be assured, Mr. Secretary-General, of my highest consideration.

Yours sincerely,

Judge Erik M#se President

CC : Mr. Hans Corell Under-Secretary-General Office of Legal Affairs International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda Arusha International Conference Centre

UNITED NATIONS P.O.Box 6016, Arusha, Tanzania - B.P. 6016, Arusha, Tanzanie NATIONS UNIES Tel: 255 57 4207-11 4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848/49 e-mail [email protected] Office of the President Cabinet du President 10 October 2003

Dear Mr. Secretary-General,

I am writing to you to request the appointment of an ad litem judge to take office at the Tribunal, in accordance with Article 12 ter (2) of the Tribunal's Statute.

One judge in Trial Chamber II, which is engaged with the Butare trial, was not re-elected. His mandate was not extended by the Security Council to enable him to complete this trial. The Chamber, composed of the two remaining judges, has decided to continue the case with a substitute judge under Rule \5bis of the Rules of Procedure and Evidence. Appeals against this decision have been dismissed. One ad litem judge is needed to constitute a Trial Chamber Section in order to conduct the trial. By the present letter, I am asking you to appoint Judge Solomy Balungi Bossa from the Republic of Uganda for this purpose.

Judge Bossa is presently appointed to hear the Ndindabahizi trial. The presentation of the evidence in that trial is expected to be concluded in the middle of November 2003. Judge Bossa will therefore be available to sit in the Butare trial from November, following her familiarization with the trial record of the case, as required by Rule \5bis. In view of the fact

H.E. Mr Kofi Annan Secretary-General United Nations New York that 23 witnesses have testified in this trial, it would be preferable if Judge Bossa's appointment to the Butare trial could take effect as soon as possible, in order to give her sufficient time for familiarization and enable the Butare trial to continue. The trial is expected to continue into 2005, with judgement writing no later than by the end of 2005.

Please be assured, Mr. Secretary-General, of my highest consideration.

Yours sincerely,

Judge Erik M^Jse President

CC : Mr. Hans Corel 1 Under-Secretary-General Office of Legal Affairs International Criminal Tribunal for Rwanda Tribunal Penal International pour le Rwanda Arusha International Conference Centre UNITEDNATTONS P.O.Box 6016, Arusha, Tanzania - B.P. 6016, Arusha, Tanzanie NATONSUNIES fe\: 255 57 4207-11 4367-72 or 1 212 963 2850 Fax: 255 57 4000/4373 or 1 212 963 2848/49 e-mail [email protected] Office of the President Cabinet du President

10 October 2003

Dear Mr. Secretary-General,

I am writing to you to request the appointment of an ad litem judge to take office at the Tribunal, in accordance with Article 12 ter (2) of the Tribunal's Statute.

H.E. Mr. Kofi Annan Secretary-General United Nations ^ & i I ¥ E "ft New York , ;_ ocr i a ro3 i U.-1

UrFiCE OF LEGAL AF.-AiHS - It would be preferable, for practical purposes, if Judge Arrey's appointment could take effect from Monday 27 October 2003.

Please be assured, Mr. Secretary-General, of my highest consideration.

Yours sincerely,

Judge Erik M0se President

CC : Mr. Hans Corel 1 Under-Secretary-General Office of Legal Affairs THE SECRETARY-GENERAL

13 October 2003

Dear Judge Bossa,

I have the pleasure to inform you that, in accordance with Article 12 ter, paragraph 2, of the Statute of the International Tribunal for Rwanda, I have decided, upon the request of the President of the International Tribunal for Rwanda, to appoint you, effective 20 October 2003, to serve in the International Tribunal for Rwanda for the trial of Case No. ICTR-98-42 ("Butare"), which commenced on 12 June 2001 and which is expected to be of approximately a further two years' duration.

I should recall that, in accordance with paragraph 1 (a) of Article 12 quater of the Statute of the International Tribunal for Rwanda, ad litem judges shall, during any period in which they are appointed to serve in the Tribunal, benefit from the same terms and conditions of service, mutatis mutandis, as the permanent judges of the International Tribunal for Rwanda.

In accordance with paragraph 3 of Article 12 bis of the Statute of the International Tribunal for Rwanda, the terms and conditions of service of permanent judges of the Tribunal are those of the permanent judges of the International Tribunal for the Former Yugoslavia. Pursuant to paragraph 3 of Article 13 bis of the Statute of the International Tribunal for the Former Yugoslavia, the terms and conditions of service of permanent judges of that Tribunal are those of the judges of the International Court of Justice.

During such time as they may be appointed to serve in the Trial Chambers of the International Tribunal for Rwanda for specific trials, ad litem judges are accordingly required to serve on a full-time basis and may not, during that time, exercise any political or administrative function or engage in any other occupation of a professional nature.

Judge Solomy Balungi Bossa Arusha I should also take this opportunity to note that, as an ad litem judge of the International Tribunal for Rwanda, you will be entitled only to the benefits stipulated in General Assembly resolution 57/289 of 20 December 2002 and in any subsequent relevant resolutions or decisions of the General Assembly, hi accordance with General Assembly resolution 57/289, should the cumulative period of your service as an ad litem judge of the International Tribunal for Rwanda amount to three years or more, that will not result in any change in your entitlements and benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist and which will, in such an eventuality, be extended pro-rata by virtue of the extension of service.

For the avoidance of doubt, I should emphasize that the present appointment is additional to that contained in my letter of 25 August 2003. Your appointment to serve in the International Tribunal for Rwanda for the trial of Case No. ICTR-01-71 (The Prosecutor v. Emmanuel Ndindabahizi) therefore remains unaffected.

Please accept, Judge Bossa, the assurances of my highest consideration.

f\^CJ^-A^£^___ Kofi A. Annan THE SECRETARY-GENERAL

13 October 2003

Dear Judge Lattanzi,

I have the pleasure to inform you that, in accordance with Article 12 ter, paragraph 2, of the Statute of the International Tribunal for Rwanda, I have decided, upon the request of the President of the International Tribunal for Rwanda, to appoint you, effective 27 October 2003, to serve in the International Tribunal for Rwanda for the trial of Case No. ICTR-98-44 ("Government /'), which is scheduled to commence on 3 November 2003 and is expected to be of approximately two years' duration.

Judge Flavia Lattanzi Rome I should also take this opportunity to note that, as an ad litem judge of the International Tribunal for Rwanda, you will be entitled only to the benefits stipulated in General Assembly resolution 57/289 of 20 December 2002 and in any subsequent relevant resolutions or decisions of the General Assembly. In accordance with General Assembly resolution 57/289, should the cumulative period of your service as an ad litem judge of the International Tribunal for Rwanda amount to three years or more, that will not result in any change in your entitlements and benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist and which will, in such an eventuality, be extended pro-rata by virtue of the extension of service.

Please accept, Judge Lattanzi, the assurances of my highest consideration. THE SECRETARY-GENERAL

13 October 2003

Dear Judge Arrey,

I have the pleasure to inform you that, in accordance with Article 12 ter, paragraph 2, of the Statute of the International Tribunal for Rwanda, I have decided, upon the request of the President of the International Tribunal for Rwanda, to appoint you, effective 27 October 2003, to serve in the International Tribunal for Rwanda for the trial of Case No. ICTR-98-44 ^Government /"), which is scheduled to commence on 3 November 2003 and is expected to be of approximately two years' duration.

Judge Florence Rita Arrey Yaounde I should also take this opportunity to note that, as an ad litem judge of the International Tribunal for Rwanda, you will be entitled only to the benefits stipulated in General Assembly resolution 57/289 of 20 December 2002 and in any subsequent relevant resolutions or decisions of the General Assembly. In accordance with General Assembly resolution 57/289, should the cumulative period of your service as an ad litem judge of the International Tribunal for Rwanda amount to three years or more, that will not result in any change in your entitlements and benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist and which will, in such an eventuality, be extended pro-rata by virtue of the extension of service.

Please accept, Judge Arrey, the assurances of my highest consideration.

Kofi A. Annan THE SECRETARY-GENERAL

13 October 2003

Dear Judge Muthoga,

I have the pleasure to inform you that, in accordance with Article 12 ter, paragraph 2, of the Statute of the International Tribunal for Rwanda, I have decided, upon the request of the President of the International Tribunal for Rwanda, to appoint you, effective 27 October 2003, to serve in the International Tribunal for Rwanda for the trial of Case No. ICTR-99-50 ("Government IF}, which is scheduled to commence on 3 November 2003 and is expected to be of approximately two years' duration.

Judge Lee Gacuiga Muthoga Nairobi I should also take this opportunity to note that, as an ad litem judge of the International Tribunal for Rwanda, you will be entitled only to the benefits stipulated in General Assembly resolution 57/289 of 20 December 2002 and in any subsequent relevant resolutions or decisions of the General Assembly. In accordance with General Assembly resolution 57/289, should the cumulative period of your service as an ad litem judge of the International Tribunal for Rwanda amount to three years or more, that will not result in any change in your entitlements and benefits and, in particular, will not give rise to any additional entitlements or benefits other than those that already exist and which will, in such an eventuality, be extended pro-rata by virtue of the extension of service.

Please accept, Judge Muthoga, the assurances of my highest consideration.

ian