Functions and powers

Notion(s) Filing Case
Interlocutory Decision on Jurisdiction - 02.10.1995 TADIĆ Duško

36. […] In sum, the establishment of the International Tribunal falls squarely within the powers of the Security Council under Article 41.

See also paras 31, 38.

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Other instruments UN Charter: Article 41.
Notion(s) Filing Case
Decision on Extension of Mandate - 15.09.2006 KRAJIŠNIK Momčilo

15.     The Appeals Chamber recalls that the UN Security Council, acting under Chapter VII of the UN Charter as a legislator, has adopted the Statute and established the Tribunal as an instrument for the exercise of its own principal function of maintenance of peace and security, i.e., as a measure contributing to the restoration and maintaining of peace in the former Yugoslavia. While the UN Security Council is not a judicial organ and is not provided with judicial powers, it exercises, in discharge of its functions, both decision-making and executive powers,[3] including those related to the mandates of the Tribunal’s Judges.[4]

[1] The Prosecutor v. Duško Tadić a.k.a. “Dule”, Case No. IT-94-1-AR72, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, 2 October 1995 (“Tadić Decision”), para. 38.

[2] Ibid., para. 37.

[3] Id.

[4] For example, pursuant to Article 13ter of the Statute, the ad litem judges of the Tribunal are elected by the General Assembly from a list submitted by the Security Council.

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