Competence of remaining Judges
| Notion(s) | Filing | Case |
|---|---|---|
| Decision on Substitute Judge and New Material - 22.10.2004 |
KAREMERA et al. (ICTR-98-44-AR15bis.2) |
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49. Rule 15bis(D) of the Rules explicitly prescribes that the “remaining Judges” may decide to continue the proceedings. The Appeals Chamber noted this in the Butare case: “The new Rule 15bis(D) gives judicial power to the two remaining judges, namely, the power to decide whether or not it is in the interests of justice to continue a part-heard case with a substitute judge.”[1] The fact that the remaining Judges have ad litem rather than permanent status does not change anything under Rule 15bis(D). Article 12quater of the Statute unequivocally provides that ad litem Judges enjoy the same powers as the permanent Judges of the Tribunal, except in expressly delimited circumstances which do not include the power to decide to continue the proceedings under Rule 15bis(D).[2] Accordingly, on 21 June 2004, the Appeals Chamber directed the remaining Judges in the case to re-consider their decision to continue the proceedings with a substitute Judge after giving the parties an opportunity to be heard and taking account of their submissions.[3] 50. The Appeals Chamber finds that the remaining Judges were competent to render the Impugned Decision. […] [1] Butare Appeal Decision [Prosecutor v. Nyiramasuhuko et al., Case No. ICTR-98-42-A15bis, Decision in the Matter of Proceedings under Rule 15bis (D), 24 September 2003], para. 11 (emphasis added). [2] Article 12quater of the Statute provides in relevant parts: 1. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall: … (b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the International Tribunal for Rwanda; … 2. During the period in which they are appointed to serve in the International Tribunal for Rwanda, ad litem judges shall not: … (b) Have power: (i) To adopt rules of procedure and evidence pursuant to article 14 of the present Statute. They shall, however, be consulted before the adoption of those rules; (ii) To review an indictment pursuant to article 18 of the present Statute; (iii) To consult with the President of the International Tribunal for Rwanda in relation to the assignment of judges pursuant to article 13 of the present Statute or in relation to a pardon or commutation of sentence pursuant to article 27 of the present Statute; (iv) To adjudicate in pre-trial proceedings. See also Karemera and Nzirorera v. Prosecutor, Case No. ICTR-98-44-AR73.4, Decision on Interlocutory Appeals regarding Participation of Ad Litem Judges, 11 June 2004, p. 3 (“[P]ursuant to Article 12 quater of the Statute of the International Tribunal, ad litem judges enjoy the same powers as the permanent judges of the International Tribunal, with the exception of the right to review an indictment, the right to adjudicate in pre-trial proceedings and other administrative matters specifically enumerated in paragraph 2 of Article 12 quater of the Statute of the International Tribunal.”). [3] Decision in the Matter of Proceedings under Rule 15bis(D) [21 June 2004], para. 13. |
ICTR Rule Rule 15 bis ICTY Rule Rule 15 bis | |
| Notion(s) | Filing | Case |
| Decision on Whether to Continue or Restart Trial - 24.09.2003 |
NYIRAMASUHUKO et al. (Butare) (ICTR-98-42-A15bis) |
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11. The Appeals Chamber considers that anyone exercising a judicial power has the responsibility and the competence to ensure that he has the power which he is proposing to exercise. The new Rule 15bis (D) gives a judicial power to the two remaining judges, namely, the power to decide whether or not it is in the interests of justice to continue a part-heard case with a substitute judge. This power comprehends the incidental power to decide whether or not this provision is applicable to the particular case of the Butare trial. This incidental power has to be exercised by the two remaining judges to whom the main power is entrusted. […] |
ICTR Rule Rule 15 bis ICTY Rule Rule 15 bis | |