REGULATION NO. 2000/6
UNMIK/REG/2000/6
15 February 2000
The Special Representative of
the Secretary-General,
Pursuant to the authority given
to him under United Nations Security Council Resolution
1244 (1999) of 10 June 1999,
Taking into account United
Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1
of 25 July 1999, as amended, on the Authority of the Interim Administration in
Kosovo,
For the purpose of assisting
in the judicial process in Mitrovica,
Hereby promulgates the
following:
Section 1
1.1 The Special Representative of the Secretary-General may appoint and remove from office international judges and international prosecutors, taking into account the criteria set forth under sections 2 and 4 of the present regulation. Such appointments shall be made to the District Court of Mitrovica, other courts within the territorial jurisdiction of the District Court of Mitrovica and offices of the prosecutor with corresponding jurisdiction.
1.2 International
judges shall have the authority and responsibility to perform the functions of
their office, including the authority to select and take responsibility for new
and pending criminal cases within the jurisdiction of the court to which he or
she is appointed.
1.3 International
prosecutors shall have the authority and responsibility to perform the
functions of their office, including the authority and responsibility to
conduct criminal investigations and to select and take responsibility for new
and pending criminal investigations or proceedings within the jurisdiction of
the office of the prosecutor to which he or she is appointed.
Section 2
International judges and international prosecutors
shall:
(a)
have
a university degree in law;
(b)
have
been appointed and have served, for a minimum of 5 years, as a judge or
prosecutor in their respective home country;
(c)
be
of high moral integrity; and
(d)
not
have a criminal record.
Section 3
Upon appointment, each international judge and
international prosecutor shall subscribe to the following oath or solemn
declaration before the Special Representative of the Secretary-General:
“I,_______________, do
hereby solemnly swear (or solemnly declare) that:
In carrying out the
functions of my office, I shall act in accordance with the highest standards of
professionalism and with utmost respect for the dignity of my office and the
duties with which I have been entrusted.
I shall perform my duties and exercise my powers impartially, in
accordance with my conscience and with the applicable law in Kosovo.
In carrying out the functions of my office, I shall uphold at all times the highest level of internationally recognized human rights, including those embodied in the principles of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the European Convention for the Protection of Human Rights and Fundamental Freedoms and its protocols.
In carrying out the
functions of my office, I shall ensure at all times that the enjoyment of these
human rights shall be secured to all persons in Kosovo without discrimination
on any ground such as ethnicity, sex, race, colour, language, religion,
political or other opinion, national or social origin, association with a
national minority, property, birth or other status.”
Section 4
4.1 The
Special Representative of the Secretary-General may remove from office an
international judge or international prosecutor on any of the following
grounds:
(a)
physical
or mental incapacity which is likely to be permanent or prolonged;
(b)
serious
misconduct;
(c)
failure
in the due execution of office; or
(d)
having
been placed, by personal conduct or otherwise, in a position incompatible with
the due execution of office.
4.2 An
international judge or international prosecutor shall not hold any other public
or administrative office incompatible with his or her functions, or engage in
any occupation of a professional nature, whether remunerative or not, or
otherwise engage in any activity that is incompatible with his or her
functions.
Section 5
The present regulation shall supersede any provision
in the applicable law relating to the appointment and removal from office of
judges and prosecutors which is inconsistent with it.
Section 6
The present regulation shall enter into force on 15
February 2000.
Bernard Kouchner
Special Representative of the Secretary-General