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Alterado pela Resolução
do Conselho de Segurança das Nações Unidas
n.º 1329, de 30 de Novembro de 2000. Nova redacção:
Article 12
Qualification and election of judges
1.The judges shall be persons of high
moral character, impartiality and integrity who possess the
qualifications required in their respective countries for
appointment to the highest judicial offices. In the overall
composition of the Chambers due account shall be taken of
the experience of the judges in criminal law, international
law, including international humanitarian law and human rights
law.
2.Eleven of the judges of the International
Tribunal for Rwanda shall be elected by the General Assembly
from a list submitted by the Security Council, in the following
manner:
(a)The Secretary-General shall invite
nominations for judges from States Members of the United Nations
and non-member States maintaining permanent observer missions
at United Nations Headquarters;
(b)Within sixty days of the date of the
invitation of the Secretary-General, each State may nominate
up to two candidates meeting the qualifications set out in
paragraph 1 above, no two of whom shall be of the same nationality
and neither of whom shall be of the same nationality as any
judge who is a member of the Appeals Chamber and who was elected
or appointed a permanent judge 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 (hereinafter referred
to as "the International Tribunal for the Former Yugoslavia")
in accordance with article 13 bis of the Statute of that Tribunal;
(c)The Secretary-General shall forward
the nominations received to the Security Council. From the
nominations received the Security Council shall establish
a list of not less than twenty-two and not more than thirty-three
candidates, taking due account of the adequate representation
on the International Tribunal for Rwanda of the principal
legal systems of the world;
(d)The President of the Security Council
shall transmit the list of candidates to the President of
the General Assembly. From that list the General Assembly
shall elect eleven judges of the International Tribunal for
Rwanda. The candidates who receive an absolute majority of
the votes of the States Members of the United Nations and
of the non-member States maintaining permanent observer missions
at United Nations Headquarters, shall be declared elected.
Should two candidates of the same nationality obtain the required
majority vote, the one who received the higher number of votes
shall be considered elected.
3.In the event of a vacancy in the Chambers
amongst the 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 paragraph
1 above, for the remainder of the term of office concerned.
4.The judges elected in accordance with
this article shall be elected for a term of four years. The
terms and conditions of service shall be those of the judges
of the International Tribunal for the Former Yugoslavia. They
shall be eligible for re-election.
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