The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 2006

Article 13 quaterStatus of ad litem judges

1.  During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall:

(a)Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal;

(b)Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal;

(c)Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal;

(d)Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they have been appointed to try.

2.  During the period in which they are appointed to serve in the International Tribunal, ad litem judges shall not:

(a)Be eligible for election as, or to vote in the election of, the President of the Tribunal or the Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;

(b)Have power:

(i)To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They shall, however, be consulted before the adoption of those rules;

(ii)To review an indictment pursuant to article 19 of the Statute;

(iii)To consult with the President in relation to the assignment of judges pursuant to article 14 of the Statute or in relation to a pardon or commutation of sentence pursuant to article 28 of the Statute.

3.  Notwithstanding, paragraphs 1 and 2 above, an ad litem judge who is serving as a reserve judge shall, during such time as he or she so serves:

(a)Benefit from the same terms and conditions of service mutatis mutandis as the permanent judges of the International Tribunal;

(b)Enjoy the privileges and immunities, exemptions and facilities of a judge of the International Tribunal;

(c)Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the same powers as permanent judges.

4.  In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she will, as of that time, benefit from the provisions of paragraph 1 above.