United Nations W Nations Unies

United Nations W Nations Unies INTEROFFICE MEMORANDUM MEMORANDUM INTKKIEUR

TO: The Secretary-General

A: 3°f October 2003

THROUGH: Mr. S. Iqbal Riza S/C DE: Chef de Cabinet

FROM: Hans Corell DE: Under-Secretary-Genei The Legal Counsel SUBJECT: OBJET: Appointment of a replacement for Judge Hunt as a pennant

1. Earlier this_year, Judge David Hunt (Australia) submitted his resignation as a permanent judge oTThlflCTY, effective 16"November 2003.

2. Article 13 bis, paragraph 2, of the Statute of the ICTY provides that, in the event of a vacancy among the permanent judges, the Secretary-General, after consulting the President of the Security Council and the President of the General Assembly, shall appoint a person who meets the qualifications for office stipulated in the Statute for the remainder of the term of office of the person whose departure or death has caused the vacancy to arise. The ICTR's Statute contains an identical provision.

3. Judge Hunt's resignation is the fifteenth casual vacancy to date at the two Tribunals. In twelve of the previous fourteen cases, the Permanent Mission of the State of nationality of the judge who resigned or died provided the Secretary-General with the name of a candidate to fill the vacancy. Once OLA had verified that the individual in question met the qualifications laid down in the Tribunal's Statute, the Secretary-General proceeded to consult the Presidents of the Council and of the Assembly with regard to the appointment of that individual.

4. The Australian Mission having informally indicated to us that it intended to suggest a replacement for Judge Hunt, Mr. Zacklin suggested, in a Note to Mr. Sise dated 4 September 2003, that this practice should be followed in the present case also (assuming, of course, that the suggested replacement proved suitable). Mr. Sise then informed us of your concurrence.

5. The Prime Minister of Australia has now written to you suggesting Mr. Kevin Horace Parker (Australia) as a replacement for Judge Hunt. Please find attached his curriculum vitae. It is our view that he meets the qualifications laid down in the ICTY's Statute.

6. Accordingly, please find attached, for your approval and signature, identical letters to the / Presidents of the Security CpuncTan^piTfhe General('Assembly consulting with them on the / ( appointment of Mr. Parker as a repiacement for Judge Hunt.

J— \ D E G E D V E lu NOV- 42803 S [EOSG/CENTRAL aiOCT. 31. 2003 3:59PM AUSTRAIIAN MISSION & c INT AX +6 PM \nr?f^NO. 39J9\ I P. 3

EXECUTIVE OFFICE OF THE SECRETARY-GENERAL PRIME MINISTER CANBERRA. 290CT2003

The Hon Justice David Hunt will retire fromthe bench of the International Criminal Tribunal for the former Yugoslavia on 16 November 2003. ""~

Australia is proud of the contribution Justice Hunt has made, and we look: forward to maintaining Australia's representation on the Tribunal, I understand that, in accordance with usual practice to fill casual vacancies on the bench, an Australian nominee will serve for the remainder of Justice Hunt's term.

It gives me great pleasure to nominate the Hon Justice Kevin Parker AO RFD to replace Justice Hunt. Like Justice Hunt^Jusace^Parker is an outstanding jurfarwho has had a distinguished legal career in Australia. I have enclosed Justice Parker's curriculum vitae for your information.

Justice Parker is a Judge of the Supreme Court of Western Australia, prior to which he held positions as the Solicitor-General of Western Australia, and a Crown Prosecutor. Throughout his career, Justice Parker has dealt with complex criminal matters. He has also had significant international experience,, having served as Legal Adviser to Australia's delegation to the UN Preparatory Commission on the Law of the Sea, and as a member of Australia's delegation to the UN Commission on International Trade Law.

Australia is confident Justice Parker will serve the Tribunal with distinction.

Yours sincerely

John Howard)

HE Mr Kofi Annan Secretary-General United Nations NEW YORK UNITED STATES OF AMERICA THE HON JUSTICE KEVIN HORACE PARKER AO RFD

Born Kalgoorlie, WA, 6 February 1937 Educated at The Perth Modern School and the University of Western Australia (LLB 1959) Admitted as a Legal Practitioner 1960 Appointed as Queen's Counsel 1977 Judge of the Supreme Court of Western Australia since 1994

Senior Assistant Crown Prosecutor for Western Australia 1967 - 1971 Chief Crown Prosecutor for Western Australia 1972 - 1974 Solicitor General of Western Australia 1979 - 1994

Member, Council of the Law Society of WA 1972 - 1979 Member, Barristers Board of WA 1977 - 1979 Chairman, Barristers Board of WA 1979 - 1992 Chairman, Legal Practitioners' Disciplinary Tribunal of WA 1992 - 1995 Member, Council of the Australian Institute of Judicial Administration 1982 1988 Member, Law Admissions Consultation Committee 1983 - current

Defence Force, Reserve

Served as an officer in the Citizen Air Force and Specialist Reserve 1959 1997 reaching rank of Air Commodore Reserve Legal Panel 1966 - 1977 Judge Advocate 1977-1985 Reviewing Judge Advocate 1985 - 1997

Hon ADC (air) to Governor of Western Australia 1965 - 1970 Hon ADC (Air) to Her Majesty the Queen 1979- 1981

UN and International Activities

Legal Adviser and States' Representative, Australian Delegation to United Nations Commission on the Law of the Sea (UNCLOS) New York, 1982 Kingston, Jamaica, 1988 New York, 1988 Member, Australian Delegation to United Nations Commission on International Trade Law (UNCITRAL) Vienna, 1992

Member, Australian Negotiating Party re Maritime Boundaries of Australia and Indonesia 1982- 1995

Decoration

Appointed an Officer of The Order of Australia, 1989 Principally in recognition of role in connection with the Australia Acts, 1986 of the Commonwealth and United Kingdom, and the Jurisdiction of Courts (Cross Vesting) Acts, 1987 of the Commonwealth, States and Territories.

Personal

Married, 5 adult children

Chancellor, Anglican Archdiocese of Perth

Home Address: 20 Campion Crescent ATTADALE WA 6156 Tel: (08) 9330 1730

Professional Address: Judges' Chambers Supreme Court of Western Australia PERTH WA 6000 Tel: (08) 9421 5368 Fax: (08) 9321 1002 Email: [email protected] OCT. 31.2003 3:59PM AUSTRALIAN MISSION "NO. 3949' P. 2"

THE PERMANENT REPRESENTATIVE OF AUSTRALIA 26/2003 TO THE UNITED NATIONS

31 October 2003

r— \ IIS i 1 ' 1g His Excellency Mr Kofi Annan D] Secretary-General -32003 United Nations NOV United Nations Headquarters EXECUTiVc C/HCt New York • OF THE SECRETARY-GENERAL

Your ExceHency

I have been asked by the Prime Minister of Australia, The Hon.. John Howard, MP, to deliver the text of a letter to you. The text of the letter is attached. The original of Mr. Howard's letter will be delivered to your office when it is received by the Mission.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.

John Dauth

150 EAST 42,NnDu STREET, NEW YORK, N.Y. 10017 OCT. 31.2003 3:58PM AUSTRALIAN MISSION NO. 3949 P.

AsV H Jm L ,U8TRAL1A,(>

FACSWILE TRANSMITTAL SHEET

TO: REdPlENTFAX NUMBER; Office of Legal Affairs, Codification Division 212 963 1963 David Hurchinson. FROM; TOTAL NO. OF PAGES INCLUDING COVER; Permanent Mission of Australia to the United 3 Nations SENDER'S NAME SENDER'S PHONE NUMBER: Jessica Thorpe, Research and Candidatures Officer 212 3516615

RE: DATE: ICIY replacement judge nominee letter from 31 October 2003 Australian Prime Minister

PERMANENT MISSION OF AUSTRALIA TO THE UNITED NATIONS 150 EAST 42ND STREET, 33RD FLOOR NEW YORK, NY 10017-5612 THE SECRETARY-GENERAL

3 November 2003

Dear Mr. President,

I have the honour to refer to Article 13 bis, paragraph 2, of 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, which reads as follows:

"In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed in accordance with this article, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of article 13 of the Statute, for the remainder of the term of office concerned."

In this connection, I should like to inform you that Judge David Hunt, a national of Australia, has resigned as a permanent judge of the International Tribunal, effective 16 November 2003.

The Government of Australia has presented the candidacy of Mr. Kevin Horace Parker to replace Judge Hunt. Please find attached his curriculum vitae.

It is my view that Mr. Parker meets the qualifications which are prescribed in Article 13 of the International Tribunal's Statute. I also consider that Mr. Parker's appointment would be well calculated to ensure adequate representation on the Tribunal of the principal legal systems of the world, as contemplated in Article 13 bis (1) (c) of the Tribunal's Statute.

His Excellency Mr. Ismael Abraao Caspar Martins President of the Security Council New York I should, therefore, like to proceed to consultation with you on the appointment of Mr. Parker, in accordance with Article 13 bis, paragraph 2, of the International Tribunal's Statute. I look forward to receiving your views on the matter.

Please accept, Mr. President, the assurances of my highest consideration.

Kofi A^ Annan THE SECRETARY-GENERAL

3 November 2003

Dear Mr. President,

In this connection, I should like to inform you that Judge David Hunt, a national of Australia, has resigned as a permanent judge of the International Tribunal, effective 16 November 2003.

The Government of Australia has presented the candidacy of Mr. Kevin Horace Parker to replace Judge Hunt. Please find attached his curriculum vitae.

His Excellency Mr. Julian Robert Hunte President of the General Assembly New York I should, therefore, like to proceed to consultation with you on the appointment of Mr. Parker, in accordance with Article 13 bis, paragraph 2, of the International Tribunal's Statute. I look forward to receiving your views on the matter.

Please accept, Mr. President, the assurances of my highest consideration.

TlT/LAA^—&_—J^?lx . Kofi A!"A~nhan