International War Crimes Tribunals
L.R.O.

LAWS OF TRINIDAD AND TOBAGO

Act
24 of 1998

Current Authorised Pages
Pages Authorised

(inclusive) by L.R.O.
1–60 ..

INTERNATIONAL WAR CRIMES TRIBUNALS ACT

CHAPTER 11:23

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Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

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CHAPTER 11:23

INTERNATIONAL WAR CRIMES TRIBUNALS ACT

ARRANGEMENT OF SECTIONS

SECTION

PART I

PRELIMINARY
1. Short title.

Act inconsistent with the Constitution.
2. Commencement.
3. Interpretation.

PART II

REQUEST BY A TRIBUNAL FOR ASSISTANCE
4. Tribunal may request assistance.
5. Form of request.

PART III

SURRENDER OF PERSONS TO A TRIBUNAL
6. Provisional warrant of arrest.
7. Authority to proceed.
8. Issue of warrants.
9. Cancellation of warrants.

10. Notification of Tribunal.
10A. Consent order for return.

11. Proceedings after arrest.
12. Review by High Court.
13. Appeal to the Court of Appeal.
14. Bail.
15. Surrender warrants.
16. Discharge in case of delay in surrendering.
17. Effect of surrender on term of imprisonment.
18. Expiry of sentence while under Tribunal detention.

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PART IV

OTHER FORMS OF ASSISTANCE TO A TRIBUNAL
19. Taking of evidence in Trinidad and Tobago.
20. Magistrate to take evidence upon oath.
21. Documents to be forwarded to the Attorney General.
22. Evidence to be forwarded to Tribunal.
23. Person who is subject of proceeding need not be present.
24. Certificate of evidence.
25. Tribunal immunity certificate.
26. Search warrant.
27. Giving evidence in foreign countries.
28. Imprisoned witness.
29. Service of process.

PART V

FORFEITURE OF PROCEEDS OF
TRIBUNAL OFFENCES

30. Enforcement of forfeiture orders.
31. Registration of order.

PART VI

MISCELLANEOUS
32. Co-operation with Tribunal.
33. Amendment of Schedules 1 and 2.
34. Regulation.

SCHEDULE 1.
SCHEDULE 2.
SCHEDULE 3.

ARRANGEMENT OF SECTIONS—Continued

SECTION

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CHAPTER 11:23

INTERNATIONAL WAR CRIMES TRIBUNALS ACT

An Act to provide for the assistance of the International War
Crimes Tribunals in the performance of their functions
and for matters related thereto.

*[ASSENTED TO 26TH OCTOBER 1998]

PART I

PRELIMINARY
1. (1) This Act may be cited as the International War Crimes

Tribunals Act.
(2) This Act shall have effect even though inconsistent

with sections 4 and 5 of the Constitution.

2. This Act came into operation on the 2nd day of April 1999.

3. In this Act—
“arrest warrant” means a warrant issued by a Tribunal for the

arrest of a person;
“forfeiture order” means—

(a) an order made by a Tribunal, under the Statute of
the Tribunal or under rules adopted under the
Statute of the Tribunal, for forfeiture of property
in respect of a Tribunal offence; or

(b) a declaration made by a Tribunal, under the Statute
of the Tribunal or under the rules adopted under
the Statute of the Tribunal, evidencing forfeiture
of property under that Statute or those rules;

“Former Yugoslavia Tribunal”—
(a) means 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, established by
Resolution 827 (1993) of the Security Council
of the United Nations; and

24 of 1998.

Short title.

Act inconsistent
with the
Constitution.

Commencement.
[52/1999].

Interpretation.

*See section 2 for date of commencement.

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(b) includes any of the organs referred to in Article 11
of the Statute of the Tribunal;

“property” means real or personal property of every description
situated in Trinidad and Tobago, whether tangible or
intangible, and includes an interest in any such real or
personal property;

“Rwanda Tribunal”—
(a) means the International Criminal Tribunal for the

prosecution of Persons Responsible for Genocide
and Other Serious Violations of International
Humanitarian Law Committed in the Territory of
Rwanda and Rwandan Citizens Responsible for
Genocide and Other Such Violation Committed
in the Territory of Neighbouring States, between
1st January, 1994 and 31st December, 1994,
established by Resolution 955 (1994) of the
Security Council of the United Nations; and

(b) includes any of the organs referred to in Article 10
of the Statute of the Tribunal;

“search warrant” means a warrant issued under section 26;
“Statute of the Tribunal” means—

(a) in the case of the Former Yugoslavia Tribunal,
the Statute of the Tribunal (a copy of the English
text of which is set out in Schedule 1) adopted by
Resolution 827 (1993) of the Security Council of
the United Nations and any amendments
thereto; and

(b) in the case of the Rwanda Tribunal—the Statute
of the Tribunal (a copy of the English text of
which is set out in Schedule 2) adopted by
Resolution 955 (1994) of the Security Council of
the United Nations and any amendments thereto;

“surrender warrant” means a warrant issued under section 15;
“Tribunal” means—

(a) the Former Yugoslavia Tribunal; or
(b) the Rwanda Tribunal;

Schedule 1.

Schedule 2.

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“Tribunal offence” means—
(a) an offence for which the Former Yugoslavia

Tribunal has the power to prosecute persons
under Article 2, 3, 4 or 5 of the Statute of the
Tribunal; or

(b) an offence for which the Rwanda Tribunal has
the power to prosecute persons under
Article 2, 3 or 4 of the Statute of the Tribunal.

PART II

REQUEST BY A TRIBUNAL FOR ASSISTANCE

4. (1) A request by a Tribunal, for assistance that it needs to
perform its functions in respect of an investigation or prosecution
it is conducting or proposes to conduct, shall be made to the
Attorney General.

(2) Without limiting the generality of subsection (1), a
request may be for assistance of one or more of the following types:

(a) arresting and surrendering to the Tribunal a person
in relation to whom the Tribunal has issued an
arrest warrant;

(b) executing a request for search and seizure;
(c) obtaining evidence, a document or other article;
(d) providing a document or other record;
(e) locating and identifying a witness or suspect;
(f) arranging for a person to give evidence or assist

an investigation;
(g) causing the forfeiture of property or the proceeds

of crime;
(h) serving documents;
(i) arranging for the Tribunal to sit in Trinidad

and Tobago.

5. (1) A request shall be in writing and shall indicate—
(a) who may be, is to be, or has been, charged with a

Tribunal offence as a result of the investigation or
prosecution in respect of which the request is made;

Tribunal may
request
assistance.

Form of request.

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(b) the nature of the charge; and
(c) the intended time and place of any hearing of

the charge.
(2) A request may also indicate—

(a) the nature of the investigation or prosecution in
respect of which the request is made;

(b) the International Convention or other legal basis
on which the Tribunal relies for conducting the
investigation or prosecution;

(c) the nature of the assistance sought;
(d) the procedure, if any, that the Tribunal wants the

Attorney General to follow in complying with the
request, including the form in which material is
to be given to the Tribunal;

(e) the period within which the Tribunal wants the
request complied with;

(f) any confidentiality requirements that the Tribunal
wants observed;

(g) whether a person to be arrested is, or is believed
to be, in or on his way to Trinidad and Tobago;

(h) any other matters that might assist in complying
with the request.

PART III

SURRENDER OF PERSONS TO A TRIBUNAL

6. (1) Where—
(a) the Attorney General receives a request from the

Tribunal for the arrest of a person who is
reasonably accused of having committed a
Tribunal offence or who has been convicted by
the Tribunal; and

(b) the request is not accompanied by a warrant but
is made on grounds of urgency,

the Attorney General shall transmit the request to a police officer
together with any supporting evidence that may have been
submitted by the Tribunal, and the police officer shall apply for a
provisional warrant of arrest for the arrest of that person.

Provisional
warrant of
arrest.

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(2) A provisional warrant of arrest in the form set out in
Form 1 in Schedule 3 may be issued by a Magistrate on the
application of a police officer, on oath, that—

(a) a request has been made on grounds of urgency
by a Tribunal for the arrest of a person who is
accused of having committed a Tribunal offence
or who has been convicted by a Tribunal;

(b) the person concerned is or is believed to be in or
on his way to Trinidad and Tobago; and

(c) the purpose of the arrest is to enable the person
concerned to be brought before the Tribunal, or
to be taken to a place where he is to be imprisoned
under a sentence of the Tribunal,

and on consideration of any other evidence as in the opinion of the
Magistrate, justifies the issue of the warrant.

(3) A person arrested under a provisional warrant shall
be brought before a Magistrate as soon as practicable and the
Magistrate may, pending the production of an arrest warrant
issued by the Tribunal, remand him for not more than ten days at
a time, provided that the total period of remand shall not exceed
twenty-eight days.

(4) Where an arrest warrant issued by the Tribunal is not
produced to the Magistrate within the period of remand, the person
shall be discharged by the Magistrate.

7. (1) Where—
(a) the Attorney General receives from a Tribunal a

request for the surrender of a person;
(b) the request is in accordance with section 5(1); and
(c) the request is accompanied by an arrest warrant

issued by the Tribunal in relation to the person,
or by a copy of that warrant authenticated by
the Tribunal,

the Attorney General may, in the form set out in Form 2 in
Schedule 3, issue an authority to proceed signifying to a Magistrate
that a request has been made and requiring him to proceed with
the case in accordance with the provisions of this Act.

Form 1.
Schedule 3.

Authority to
proceed.

Form 2.
Schedule 3.

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(2) A copy of the arrest warrant issued by the Tribunal
shall be attached to an authority to proceed.

(3) Upon issuing an authority to proceed, the Attorney
General shall forthwith notify the Prosecutor of the Tribunal.

8. (1) Upon receiving an authority to proceed, the Magistrate
shall issue, in the form set out in Form 3 in Schedule 3, a warrant
for the arrest of the person in relation to whom the arrest warrant
was issued by the Tribunal.

(2) This section also applies to a person who has been
remanded in custody on a provisional warrant, save that the
provisional warrant shall be discharged from the time of the issue
of the warrant for his arrest.

(3) The Magistrate shall issue a warrant under this section
where he is satisfied that the evidence before him justifies the issue
of the warrant.

9. The Attorney General may apply to the Magistrate, in
writing, to cancel a warrant issued under section 8 if the person
has not been arrested under the warrant and the Tribunal advises
the Attorney General, or the Attorney General has reason to believe,
that it is no longer necessary for the warrant to remain in force.

10. The Attorney General shall, where a warrant has been
executed, forthwith notify the Registrar of the Tribunal of the
execution of a warrant issued under section 8 or of any reason
why the execution of the warrant is not possible.

10A. (1) Where the return of any person is requested under this
Part and such person is arrested in pursuance of a warrant issued under
section 8, he may request the Attorney General to order his return
without any proceedings before a Magistrate under section 11.

(2) Where the Attorney General consents to the request
made by a person referred to under subsection (1), and is satisfied
that the person understands the consequences of the request, the
Attorney General shall, without the proceedings referred to under
section 11, and in the form set in Form 4 in Schedule 3, order such
person to be committed to custody, to be kept for the purposes of
his surrender to the Tribunal unless submitted to bail.

Issue of
warrants.
Form 3.
Schedule 3.

Cancellation of
warrants.

Notification of
Tribunal.

Consent order
for return.

Form 4.
Schedule 3.

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(3) At anytime after the Attorney General commits the
person into custody he shall, with the consent of such person, by
warrant in the form set in Form 5 in Schedule 3, order him to be
surrendered to the Tribunal.

(4) Where a person whose surrender has been ordered
under subsection (2), withdraws his consent to the order before
his departure from Trinidad and Tobago, he shall be brought as
soon as practicable before a Magistrate for the purposes of
proceedings under section 11, and thereupon shall be dealt with as
if the Attorney General had not made the order.

(5) The provisions of sections 15(2), (3), (4), (5) and
16(3), apply to the return of any person under this section unless
the contrary is expressly requested by that person.

11. (1) As soon as practicable after a person is arrested under
a warrant issued under section 8, he shall be brought before a
Magistrate, and the Magistrate shall, subject to subsections (2)
to (8), make the appropriate order and remand him in custody
until the arrest warrant is executed.

(2) Where the purpose of the arrest is to enable the person
to be brought before the Tribunal, the appropriate order is that the
person be committed to custody to await the warrant of the Attorney
General for his surrender to the Tribunal.

(3) Where the purpose of the arrest is to enable the person
to be taken to a place where he is to undergo imprisonment under
a sentence of the Tribunal, the appropriate order is that the person
be committed to custody to await the warrant of the Attorney
General for his surrender to the country where that place is situated.

(4) Where a Magistrate is satisfied that other criminal
proceedings, not being proceedings under the Extradition
(Commonwealth and Foreign Territories) Act, have been instituted
in respect of the arrested person in a Court in Trinidad and Tobago
and that those proceedings—

(a) have not been finally determined so far as they
relate to conduct which would not constitute a
Tribunal offence; or

Form 5.
Schedule 3.

Proceedings
after arrest.

Ch. 12:04.

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(b) have not been discontinued, whether in
pursuance of this Act or otherwise, so far as they
relate to conduct which would constitute a
Tribunal offence,

the proceedings under this section shall be adjourned and the
Magistrate may remand the arrested person until the other criminal
proceedings have been finally determined or discontinued, as the
case may be.

(5) A Magis t ra te shal l make an order under
subsection (2) or (3) if he is satisfied, after hearing any
evidence tendered in support of the request for the surrender
of the person or on behalf of that person—

(a) that the document purporting to be an arrest
warrant issued by the Tribunal is such a warrant;

(b) that the person brought before the Magistrate is
the person named or described in the arrest
warrant; or

(c) that a prima facie case has been made out against
that person in respect of the Tribunal offence for
which he is charged or convicted by the Tribunal.

(6) For the purpose of proceedings under this section a
Magistrate shall have like jurisdiction and powers as nearly as may
be, including power to adjourn the case and meanwhile remand
the person under the warrant either in custody or on bail as when
the Magistrate is acting at a preliminary enquiry.

(7) Where the Magistrate makes an order under this
section, he shall, on committing the person to await the warrant of
the Attorney General for his surrender to the Tribunal, inform that
person in ordinary language of his right to make application to the
High Court for judicial review and shall forthwith give notice of
the committal to the Attorney General.

(8) Where a Magistrate refuses to make an order under
subsection (2) or (3), he shall make an order for the discharge
from custody of the arrested person.

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12. (1) Where a person whose surrender is requested by a
Tribunal is ordered by the Magistrate to be discharged from custody
under section 11(6), the Attorney General may, within four days
of the making of the order by the Magistrate, apply to the High
Court for review of the order of discharge on any question of law;
and on such application the High Court may so review the order.

(2) Where the Attorney General desires to make an
application under subsection (1), the Attorney General shall, at
the time of the making of the order of discharge, give to the
Magistrate notice of his intention to apply to the High Court for
review of the order, and such notice shall operate as a stay of the
order of discharge—

(a) until the expiration of the period of four days,
beginning with the day on which the order of
discharge was made; or

(b) if an application for review of the order of
discharge is made, until the determination of any
application to the High Court for bail.

(3) Upon an application for the review of an order of
discharge, the Registrar of the Supreme Court shall immediately
apply to the Magistrate for a statement of the evidence tendered
before the Magistrate on which the Magistrate came to his decision
and of his reasons for his decision and his finding on any question
of law under review and the Magistrate shall with all convenient
dispatch transmit the same to the Registrar.

13. (1) Where an order of discharge is reviewed by the High
Court under section 12, the Attorney General or the person in
respect of whom the order of discharge was made may, if
dissatisfied with the decision of the High Court on review, within
four days of the pronouncement of the decision, appeal to the Court
of Appeal on any question of law and on such appeal, the Court of
Appeal may confirm or reverse the decision of the High Court and
there shall be no appeal from the decision of the Court of Appeal.

Review by High
Court.

Appeal to the
Court of Appeal.

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(2) Upon an appeal to the Court of Appeal being filed in
the Supreme Court, the High Court shall with all convenient
dispatch transmit to the Court of Appeal—

(a) all documents transmitted by the Magistrate in
accordance with section 12(3); and

(b) a statement of the reasons for the decision of the
High Court and the finding of the High Court on
any question of law under appeal.

14. (1) Where the Attorney General files an application for
review of an order of discharge, the High Court shall immediately
consider any application for bail made by the person in respect of
whom the order of discharge was made, pending the determination
by the High Court of the application for review and the recognisance
of bail shall be taken before the High Court in accordance with
subsections (2) and (3).

(2) A person to whom bail is granted under subsection (1)
shall immediately enter into a recognisance with one surety in such
sum as the High Court thinks sufficient on condition that such
person appears before the High Court and does not depart therefrom
without leave and abides by the order of the High Court.

(3) A recognisance under subsection (2) shall be in the
form set out in Form 4 in Schedule 3, but the High Court may
consent to a deposit of money into Court from or on account of
any person in lieu of such surety and in such case, upon the deposit
of the sum required by the High Court, such person shall enter into
a recognisance in the form set out in Form 5 in Schedule 3.

(4) Where the Attorney General or a person in respect of
whom an order of discharge has been made gives notice of his
intention to appeal to the Court of Appeal, the High Court shall
immediately grant to the person in respect of whom the order of
discharge was made, bail pending the determination of the appeal
and the recognisance of bail shall be taken before the High Court
in accordance with subsections (5) and (6).

Bail.

Form 4.
Schedule 3.

Form 5.
Schedule 3.

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(5) Upon an appeal to the Court of Appeal being filed in
the Supreme Court, the person to whom bail has been granted under
subsection (4) shall immediately enter into a recognisance with
one surety in such sum as the High Court thinks sufficient on
condition that such person appears before the Court of Appeal and
does not depart therefrom without leave and abides by the order of
the Court of Appeal.

(6) A recognisance under subsection (5) shall be in the
form set out in Form 6 in Schedule 3, but the High Court may
consent to a deposit of money into Court from or on account of
any person in lieu of such surety and in such case, upon the deposit
of the sum required by the High Court, such person shall enter into
a recognisance in the form set out in Form 7 in Schedule 3.

15. (1) Where a person is committed to await his surrender
to a Tribunal or country and is not discharged by order of the High
Court or of the Court of Appeal, the Attorney General may, by
warrant in the form set out in Form 8 in Schedule 3, order the
surrender of the person to the Tribunal or country.

(2) The Attorney General shall not issue a surrender
warrant in the case of a person if—

(a) the person is serving a sentence of imprisonment
in respect of an offence against the law of Trinidad
and Tobago, or is otherwise subject to detention
under the law of Trinidad and Tobago; and

(b) the Tribunal has been required to give adequate
undertakings to the Attorney General relating to—

(i) the person’s return to Trinidad and Tobago
to serve the remainder of the sentence or
other detention once the person is no longer
required to be detained by, or on the order
of, the Tribunal; and

(ii) the person’s custody while travelling, and
while in other countries, for the Tribunal’s
purposes; and

Form 6.
Schedule 3.

Form 7.
Schedule 3.

Surrender
warrants.

Form 8.
Schedule 3.

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(c) the Attorney General is not satisfied that the
Tribunal has given adequate undertaking relating
to those matters.

(3) For the purposes of subsection (2), the person is not
taken to be serving a sentence of imprisonment, or to be otherwise
subject to detention, if he has been released on probation, or has
been otherwise conditionally released, for the remainder of the
sentence or period of detention.

(4) The Attorney General shall not issue a surrender
warrant in the case of a person if the Attorney General is satisfied
that there are special circumstances that would make it unjust or
oppressive to surrender that person and in considering whether
those special circumstances exist, the Attorney General shall—

(a) give the person a reasonable opportunity to
provide to the Attorney General documents
intended to show those special circumstances; and

(b) consider any documents so provided.

(5) Notice of the issue of a surrender warrant shall
forthwith be given to the person to be surrendered thereunder.

(6) Where the Attorney General determines under
subsection (4) not to issue a surrender warrant in relation to any
person, he may apply to a Magistrate for an order discharging the
person from custody.

16. (1) Where a person committed to await his surrender is
in custody in Trinidad and Tobago under this Act after the expiration
of the following period:

(a) the period of two months beginning with the first
day on which a surrender warrant could have been
issued in relation to him;

(b) where a surrender warrant has been issued in
relation to him, the period of one month beginning
with the day on which that warrant was issued,

he may apply to the High Court for his discharge.

Discharge in
case of delay in
surrendering.

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(2) If upon an application under subsection (1) the High
Court is satisfied that reasonable notice of the proposed
application has been given to the Attorney General, the Court
may, unless sufficient cause is shown to the contrary, make an
order for the discharge from custody of the applicant and, if a
surrender warrant has been issued in relation to the applicant,
quash the surrender warrant.

(3) The Attorney General may revoke a surrender warrant
if he is informed, before it is executed, that the Tribunal no longer
requires the attendance of the person to whom the warrant relates
and notice of the revocation shall forthwith be given to that person.

(4) Where a surrender warrant is revoked under
subsection (3), the Attorney General or the person to whom the
warrant relates may apply to a Magistrate for an order discharging
the person from custody.

17. (1) Where, at the time a person is surrendered to a
Tribunal, the person is serving a sentence of imprisonment in
respect of an offence against the law of Trinidad and Tobago—

(a) any time spent by the person in custody in
connection with the surrender warrant; and

(b) subject to subsection (2), any time spent by the
person in custody in connection with detention
by, or on the order of, the Tribunal in respect of
the Tribunal offence,

shall be counted as time served towards the sentence of
imprisonment.

(2) Where the person is convicted of a Tribunal offence,
time spent by the person in custody serving a sentence of
imprisonment imposed by the Tribunal for the Tribunal offence
shall not be counted as time towards the sentence of imprisonment
in respect of an offence against the law of Trinidad and Tobago.

(3) A reference in this section to time spent in custody
includes a reference to time spent in custody outside Trinidad
and Tobago.

Effect of
surrender on
term of
imprisonment.

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18. Where—
(a) at the time a person is surrendered to a Tribunal,

the person is serving a sentence of imprisonment
in respect of an offence against the law of Trinidad
and Tobago; and

(b) the sentence of imprisonment expires in
accordance with section 17 while the person is
being detained by, or on the order of the Tribunal,

the Attorney General shall without delay inform the Tribunal that
the sentence of imprisonment has expired and, if the Tribunal has
given an undertaking pursuant to section 15(2), that compliance
with the undertaking is no longer required.

PART IV

OTHER FORMS OF ASSISTANCE TO A TRIBUNAL

19. The Attorney General may, upon the request of a Tribunal,
apply in writing to the Magistrate for the taking of evidence for
the purposes of a proceeding or an investigation conducted by
the Tribunal.

20. Evidence taken by a Magistrate under section 19 shall be
upon oath and shall be forwarded in written form to the Attorney
General and certified to have been properly taken.

21. Documents or other articles produced before a Magistrate
shall be forwarded to the Attorney General and shall be certified
as being the documents or articles referred to in the evidence taken
by the Magistrate under section 19.

22. The evidence, documents and other articles referred to in
sections 20 and 21 shall be forwarded by the Attorney General to
the Tribunal.

23. Evidence of a witness taken under section 20 may be taken
in the presence or absence of the person to whom the proceeding
before, or the investigation conducted by, the Tribunal relates or
his legal representative.

Expiry of
sentence while
under Tribunal
detention.

Taking of
evidence in
Trinidad and
Tobago.

Magistrate to
take evidence
upon oath.

Documents to
be forwarded to
the Attorney
General.

Evidence to be
forwarded to
Tribunal.

Person who is
subject of
proceeding need
not be present.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

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24. A certificate issued by a Magistrate under section 20 or 21
shall state whether, at the time the evidence was taken or the
documents or other articles produced, any of the following persons
were present:

(a) the person to whom the Tribunal proceeding
relates or his legal representative;

(b) any other person giving evidence or producing
documents or other articles, or his legal
representative.

25. (1) A Tribunal immunity certificate is admissible in
proceedings before a Magistrate under section 19.

(2) In this section—
“Tribunal immunity certificate” means a certificate or declaration

that—
(a) is given or made by a Tribunal under the Statute

of the Tribunal or under the rules adopted under
the Statute of the Tribunal; and

(b) specifies or declares that, under the Statute of the
Tribunal or under the rules adopted under the
Statute of the Tribunal, a specified person shall
or shall not be required to answer a specified
question or to produce a specified document.

26. (1) For the purposes of the Act, the Attorney General may
authorise a police officer to apply before a Magistrate for a search
warrant in relation to evidential material if—

(a) a Tribunal makes a request to the Attorney
General for a search warrant to be issued; and

(b) there are reasonable grounds to believe that the
material is in Trinidad and Tobago.

(2) Where the Magistrate is satisfied, by proof on oath,
that there is reasonable ground for believing that there is in any
building, vessel, receptacle or place, any evidential material, he
may, at any time issue a warrant under his hand, authorising the
police officer to search such building, vessel, receptacle, or place

Certificate of
evidence.

Tribunal
immunity
certificate.

Search warrant.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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for such evidential material and to seize and carry it before the
Magistrate who issued the warrant, or any other Magistrate, to be
dealt with for the purposes of an investigation or prosecution, as
the case may be, under this Act.

(3) Where any evidential material is seized and brought
before any Magistrate, the Magistrate may detain or cause it to be
detained, taking reasonable care that it is preserved for the purposes
of the investigation or prosecution, as the case may be.

(4) For the purposes of this section “evidential material”
means evidence that may be related to a Tribunal offence.

(5) A warrant issued by a Magistrate shall state—
(a) the purpose for which it is issued, including the

Tribunal offence to which the application for the
warrant relates;

(b) the address of the premises to which the warrant
relates; and

(c) the kind of evidential material that is to be
searched for under the warrant.

(6) A search warrant may be issued and executed at any
time and may be issued and executed on a Sunday.

27. The Attorney General may arrange for the travel of a person
in Trinidad and Tobago to a foreign country to give evidence or to
assist in an investigation if—

(a) a Tribunal makes a request for the attendance of
the person;

(b) there are reasonable grounds to believe that the
person can give relevant evidence to the
proceedings or assist the investigation; and

(c) the Attorney General is satisfied that the Tribunal
has given an adequate undertaking that the person
will be returned to Trinidad and Tobago in
accordance with arrangements agreed to by the
Attorney General.

Giving evidence
in foreign
countries.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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28. (1) A person who has been convicted of an offence and
imprisoned may with the approval of the Attorney General be
released from prison for the purpose of travel to a foreign country
to give evidence at a proceeding of a Tribunal or to assist in an
investigation.

(2) The Attorney General shall make arrangements with
the Tribunal for keeping the witness in custody while he is in the
foreign country.

29. (1) Where the Attorney General receives from a Tribunal,
a request for the service of a summons requiring a person to appear
before the Tribunal for the purpose of giving evidence or assisting
an investigation, the Attorney General may apply to the High Court
for the issue of such summons.

(2) The High Court may, on the application of the Attorney
General, issue a summons requiring a person to appear before a
Tribunal and such summons shall be in the form set out in Form 9
in Schedule 3 and may be enforced in the same manner as a
summons issued by the High Court in criminal proceedings.

PART V

FORFEITURE OF PROCEEDS OF TRIBUNAL OFFENCES

30. (1) The Attorney General may make arrangements for
the enforcement of a forfeiture order made by a Tribunal in relation
to property that is believed to be in Trinidad and Tobago.

(2) A forfeiture order shall be enforced if the Attorney
General is satisfied that—

(a) the person has been convicted by a Tribunal of
the Tribunal offence to which the order
relates; and

(b) the conviction is not subject to further appeal
before the Tribunal.

(3) The Attorney General may, in writing authorise the
Director of Public Prosecutions to apply for the registration of the
forfeiture order in the High Court.

Imprisoned
witness.

Service of
process.

Form 9.
Schedule 3.

Enforcement of
forfeiture
orders.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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31. (1) Where the Director of Public Prosecutions applies to
the High Court for registration of a forfeiture order, the High Court
shall register the forfeiture order and shall direct the Director of
Public Prosecutions—

(a) to give notice of registration, in the manner and
within the time the High Court considers
appropriate, to specified persons, other than a
person convicted of an offence in respect of which
the forfeiture order was made, whom the High
Court has reason to believe may have an interest
in the property; or

(b) to publish notice of the registration in the manner
and within the time the High Court considers
appropriate, if he is satisfied that—

(i) the person against whom the order was
made, appeared in the proceedings and if
he did not do so, that he received notice of
the proceedings in sufficient time to enable
him to defend them;

(ii) any other person affected by the order was
given the opportunity to show why an order
should not be made;

(iii) the order is subject to appeal; and
(iv) enforcing the order in Trinidad and Tobago

would not be contrary to the interests
of justice.

(2) The High Court may by order (hereinafter referred to
as a “restraint order”) prohibit any person from dealing with any
property specified in a forfeiture order subject to such conditions
and exceptions as may be specified in the order.

(3) An application for a restraint order shall be supported
by an affidavit which may contain, unless the Court otherwise
directs, statements of information or belief with the sources and
grounds thereof.

Registration of
order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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(4) A restraint order—
(a) may be made only on an application by the

Director of Public Prosecutions;
(b) may be made on an ex parte application to a Judge

in Chambers; and
(c) shall provide for notice to be given to persons

affected by the order.

(5) A restraint order—
(a) may be discharged or varied in relation to any

property; and
(b) may be discharged on the conclusion of the

proceedings or application question.

(6) An application for the discharge or variation of a
restraint order may be made by any person affected by it.

(7) Where the High Court has made a restraint order, the
Court may at any time appoint a receiver—

(a) to take possession of any property that is subject
to a forfeiture order property; and

(b) in accordance with the Court’s directions, to
manage or otherwise deal with any property in
respect of which he is appointed,

subject to such exceptions and conditions as may be specified by
the Court, and may require any person having possession of
property in respect of which a receiver is appointed under this
section to give possession of it to the receiver.

(8) For the purposes of this section, “dealing with property
held by any person” includes, without prejudice to the generality
of the expression—

(a) where a debt is owed to that person, making a
payment to any person in reduction of the amount
of the debt; and

(b) removing the property from Trinidad and Tobago.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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(9) Where the High Court has made a restraint order,
a police officer may, for the purpose of preventing any
realisable property being removed from Trinidad and Tobago,
seize the property.

(10) Property seized under subsection (11) shall be dealt
with in accordance with the Court’s directions.

(11) A forfeiture order shall be registered in the High
Court by the filing of a copy thereof sealed by the Tribunal.

PART VI

MISCELLANEOUS

32. (1) The Attorney General shall fully co-operate with a
Tribunal in accordance with the provisions of the Statute of
the Tribunal.

(2) Notwithstanding subsection (1), where the Attorney
General determines that co-operation with a Tribunal would
prejudice the sovereignty, security or national interest of Trinidad
and Tobago, he may decline to co-operate.

33. The Attorney General may, by Order, amend Schedule 1
or 2 for the purpose of incorporating an amendment to a Statute of
the Tribunal.

34. The Attorney General may make Regulations for the
carrying into effect and proper administration of the provisions of
this Act.

Co-operation
with Tribunal.

Amendment of
Schedules 1
and 2.

Regulation.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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SCHEDULE 1
STATUTE OF THE INTERNATIONAL TRIBUNAL

FOR THE TERRITORY OF THE FORMER YUGOSLAVIA
Having been established by the Security Council acting under Chapter VII of

the Charter of the United Nations, 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”) shall function in accordance with
the provisions of the present Statute.

ARTICLE 1

COMPETENCE OF THE INTERNATIONAL TRIBUNAL
The International Tribunal shall have the power to prosecute persons

responsible for serious violations of international humanitarian law committed
in the territory of the former Yugoslavia since 1991 in accordance with the
provisions of the present Statute.

ARTICLE 2

GRAVE BREACHES FOR THE GENEVA CONVENTIONS OF 1949
The International Tribunal shall have the power to prosecute persons

committing or ordering to be committed grave breaches of the Geneva
Conventions of 12th August, 1949, namely the following acts against persons
or property protected under the provisions of the relevant Geneva Convention:

(a) wilful killing;
(b) torture or inhumane treatment, including biological

experiments;
(c) wilfully causing suffering or serious injury to body or health;
(d) extensive destruction and appropriation of property, not

justified by military necessity and carried out unlawfully
and wantonly;

(e) compelling a prisoner of war or a civilian to serve in the forces
of a hostile power;

(f) wilfully depriving a prisoner of war or a civilian of the rights
of fair and regular trial;

(g) unlawful deportation or transfer or unlawful confinement of
a civilian;

(h) taking civilians as hostages.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 3

VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR
The International Tribunal shall have the power to prosecute persons violating

the laws or customs of war. Such violations shall include, but not be limited to—
(a) employment of poisonous weapons or other weapons

calculated to cause unnecessary suffering;
(b) wanton destruction of cities, towns or villages, or devastation

not justified by military necessity;
(c) attack, or bombardment, by whatever means of undefended

towns, villages, dwellings or buildings;
(d) seizure of, destruction or wilful damage done to institutions

dedicated to religion, charity and education, the arts and
science, historic monuments and works of art and science;

(e) plunder of public or private property.

ARTICLE 4

GENOCIDE
1. The International Tribunal shall have the power to prosecute persons

committing genocide as defined in paragraph 2 of this Article or of committing
any of the other acts enumerated in paragraph 3 of this Article.

2. Genocide means any of the following acts committed with intent
to destroy, in whole or in part, a national, ethnical, racial or religious group,
as such:

(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated

to bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.

3. The following acts shall be punishable:
(a) genocide;
(b) conspiracy to commit genocide;
(c) direct and public incitement to commit genocide;
(d) attempt to commit genocide;
(e) complicity in genocide.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 5

CRIMES AGAINST HUMANITY
The International Tribunal shall have the power to prosecute persons

responsible for the following crimes when committed in armed conflict, whether
international or internal in character, and directed against any civilian population:

(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape;
(h) persecutions on political, racial and religious grounds;
(i) other inhuman acts.

ARTICLE 6

PERSONAL JURISDICTION

The International Tribunal shall have the jurisdiction over natural persons
pursuant to the provisions of the present Statute.

ARTICLE 7

INDIVIDUAL CRIMINAL RESPONSIBILITY
1. A person who planned, instigated, ordered, committed or otherwise

aided and abetted in the planning, preparation or execution of a crime referred
to in Articles 2 to 5 of the present Statute, shall be individually responsible for
the crime.

2. The official position of any accused person, whether as Head of State
or Government or as a responsible Government official, shall not relieve such
person of criminal responsibility nor mitigate punishment.

3. The fact that any of the acts referred to in Articles 2 to 5 of the present
Statute was committed by a subordinate does not relieve his superior of criminal
responsibility if he knew or had reason to know that the subordinate was about
to commit such acts or had done so and the superior failed to take the necessary
and reasonable measures to prevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of a
Government or of a superior shall not relieve him of criminal responsibility, but
may be considered in mitigation of punishment if the International Tribunal
determines that justice so requires.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 8

TERRITORIAL AND TEMPORAL JURISDICTION
The territorial jurisdiction of the International Tribunal shall extend to the

territory of the former Socialist Federal Republic of Yugoslavia, including its
land surface, airspace and territorial waters. The temporal jurisdiction of the
International Tribunal shall extend to a period beginning on 1st January, 1991.

ARTICLE 9

CONCURRENT JURISDICTION
1. The International Tribunal and national Courts shall have concurrent

jurisdiction to prosecute persons for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia since
1st January, 1991.

2. The International Tribunal shall have primacy over national Courts.
At any stage of the procedure, the International Tribunal may formally request
national Courts to defer to the competence of the International Tribunal in
accordance with the present Statute and the Rules of Procedure and Evidence
of the International Tribunal.

ARTICLE 10

NON-BIS-IN-IDEM
1. No person shall be tried before a national Court for acts constituting

serious violations of international humanitarian law under the present Statute,
for which he or she has already been tried by the International Tribunal.

2. A person who has been tried by a national Court for acts constituting
serious violations of international humanitarian law may be subsequently tried
by the International Tribunal only if—

(a) the act for which he or she was tried was characterised as an
ordinary crime; or

(b) the national Court proceedings were not impartial or
independent, were designed to shield the accused from
international criminal responsibility, or the case was not
diligently prosecuted.

3. In considering the penalty to be imposed on a person convicted of a
crime under the present Statute, the International Tribunal shall take into account
the extent to which any penalty imposed by a national Court on the same person
for the same act has already been served.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 11

ORGANISATION OF THE INTERNATIONAL TRIBUNAL
The International Tribunal shall consist of the following organs:

(a) The Chambers, comprising two Trial Chambers and an
Appeals Chamber;

(b) The Prosecutor; and
(c) A Registry, serving both the Chambers and the Prosecutor.

ARTICLE 12

COMPOSITION OF THE CHAMBERS
The Chambers shall be composed of eleven independent Judges, no two of

whom may be nationals of the same State, who shall serve as follows:
(a) Three Judges shall serve in each of the Trial Chambers;
(b) Five Judges shall serve in the Appeals Chamber.

ARTICLE 13

QUALIFICATIONS 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. The Judges of the International Tribunal 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 of
the International Tribunal 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;

(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 of the principal legal
systems of the world;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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(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 the eleven Judges of
the International Tribunal. 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, 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 shall be elected for a term of four years. The terms and
conditions of service shall be those of the Judges of the International Court of
Justice. They shall be eligible for re-election.

ARTICLE 14

OFFICERS AND MEMBERS OF THE CHAMBERS

1. The Judges of the International Tribunal shall elect a President.

2. The President of the International Tribunal shall be a member of the
Appeals Chamber and shall preside over its proceedings.

3. After consultation with the Judges of the International Tribunal, the
President shall assign the Judges to the Appeals Chamber. A Judge shall serve
only in the Chamber to which he or she was assigned.

4. The Judges of each Trial Chamber shall elect a Presiding Judge, who
shall conduct all of the proceedings of the Trial Chamber as a whole.

ARTICLE 15

RULES OF PROCEDURE AND EVIDENCE

The Judges of the International Tribunal shall adopt rules of procedure and
evidence for the conduct of the pre-trial phase of the proceedings, trials and
appeals, the admission of evidence, the protection of victims and witnesses and
other appropriate matters.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 16

THE PROSECUTOR
1. The Prosecutor shall be responsible for the investigation and

prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia since
1st January, 1991.

2. The Prosecutor shall act independently as a separate organ of the
International Tribunal. He or she shall not seek or receive instructions from any
Government or from any other source.

3. The Office of the Prosecutor shall be composed of a prosecutor and
such other qualified staff as may be required.

4. The Prosecutor shall be appointed by the Security Council on
nomination by the Secretary-General. He or she shall be of high moral character
and poses the highest level of competence and experience in the conduct of
investigations and prosecutions of criminal cases. The Prosecutor shall serve
for a four-year term and be eligible for reappointment. The terms and conditions
of service of the prosecutor shall be those of an Under-Secretary-General of the
United Nations.

5. The staff of the Office of the Prosecutor shall be appointed by the
Secretary-General on the recommendation of the Prosecutor.

ARTICLE 17

THE REGISTRY
1. The Registry shall be responsible for the administration and servicing

of the International Tribunal.

2. The Registry shall consist of a Registrar and such other staff as may
be required.

3. The Registrar shall be appointed by the Secretary-General after
consultation with the President of the International Tribunal. He or she shall
serve for a four-year term and be eligible for reappointment. The terms and
conditions of service of the Registrar shall be those of an Assistant Secretary-
General of the United Nations.

4. The staff of the Registry shall be appointed by the Secretary-General
on the recommendation of the Registrar.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 18

INVESTIGATION AND PREPARATION OF INDICTMENT
1. The Prosecutor shall initiate investigations ex officio or on the basis of

information obtained from any source, particularly from Governments, United
Nations Organs, inter-governmental and non-governmental organisations. The
Prosecutor shall assess the information received or obtained and decide whether
there is sufficient basis to proceed.

2. The Prosecutor shall have the power to question suspects, victims and
witnesses, to collect evidence and to conduct on-site investigations. In carrying
out these tasks, the Prosecutor may, as appropriate, seek the assistance of the
State authorities concerned.

3. If questioned, the suspect shall be entitled to be assisted by an Attorney-
at-law of his own choice, including the right to have legal assistance assigned
to him without payment by him in any such case if he does not have sufficient
means to pay for it, as well as to necessary translation into and from a language
he speaks and understands.

4. Upon a determination that a prima facie case exists, the Prosecutor
shall prepare an indictment containing a concise statement of the facts and the
crime or crimes with which the accused is charged under the Statute. The
indictment shall be transmitted to a Judge of the Trial Chamber.

ARTICLE 19

REVIEW OF THE INDICTMENT
1. The Judge of the Trial Chamber to whom the indictment has been

transmitted shall review it. If satisfied that a prima facie case has been established
by the Prosecution, he shall confirm the indictment. If not so satisfied, the
indictment shall be dismissed.

2. Upon confirmation of an indictment, the Judge may, at the request of
the Prosecutor, issue such orders and warrants for the arrest, detention, surrender
or transfer of persons, and any other orders as may be required for the conduct
of the trial.

ARTICLE 20

COMMENCEMENT AND CONDUCT OF TRIAL PROCEEDINGS
1. The Trial Chambers shall ensure that a trial is fair and expeditious and

that proceedings are conducted in accordance with the rules of procedure and
evidence, with full respect for the rights of the accused and due regard for the
protection of victims and witnesses.

UNOFFICIAL VERSION


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2. A person against whom an indictment has been confirmed shall,
pursuant to an order or an arrest warrant of the International Tribunal, be taken
into custody, immediately informed of the charges against him and transferred
to the International Tribunal.

3. The Trial Chamber shall read the indictment, satisfy itself that the
rights of the accused are respected, confirm that the accused understands the
indictment, and instruct the accused to enter a plea. The Trial Chamber shall
then set the date for trial.

4. The hearings shall be public unless the Trial Chamber decides to close
the proceedings in accordance with its rules or procedure and evidence.

ARTICLE 21

RIGHTS OF THE ACCUSED
1. All persons shall be equal before the International Tribunal.

2. In the determination of charges against him, the accused shall be entitled
to a fair and public hearing, subject to Article 22 of the Statute.

3. The accused shall be presumed innocent until proved guilty according
to the provisions of the present Statute.

4. In the determination of any charge against the accused pursuant to the
present Statute, the accused shall be entitled to the following minimum
guarantees, in full equality:

(a) to be informed promptly and in detail in a language which he
understands of the nature and cause of the charge against him;

(b) to have adequate time and facilities for the preparation of his
defence and to communicate with an Attorney-at-law of his
own choosing;

(c) to be tried without undue delay;
(d) to be tried in his presence, and to defend himself in person or

through legal assistance of his own choosing; to be informed,
if he does not have legal assistance, of this right; and to have
legal assistance assigned to him, in any case where the interests
of justice so require, and without payment by him in any such
case if he does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him and
to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;

(f) to have the free assistance of an interpreter if he cannot understand
or speak the language used in the International Tribunal;

(g) not to be compelled to testify against himself or to confess guilt.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 22

PROTECTION OF VICTIMS AND WITNESSES
The International Tribunal shall provide in its rules of procedure and evidence

for the protection of victims and witnesses. Such protection measures shall
include, but shall not be limited to, the conduct of in camera proceedings and
the protection of the victim’s identity.

ARTICLE 23

JUDGMENT
1. The Trial Chambers shall pronounce judgments and impose sentences

and penalties on persons convicted of serious violations of international
humanitarian law.

2. The judgment shall be rendered by a majority of the Judges of the
Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be
accompanied by a reasoned opinion in writing, to which separate or dissenting
opinions may be appended.

ARTICLE 24

PENALTIES
1. The penalty imposed by the Trial Chamber shall be limited to

imprisonment. In determining the terms of imprisonment, the Trial Chambers
shall have recourse to the general practice regarding prison sentences in the
Courts of the former Yugoslavia.

2. In imposing the sentences, the Trial Chambers should take into account
such factors as the gravity of the offence and the individual circumstances of
the convicted person.

3. In addition to imprisonment, the Trial Chambers may order the return
of any property and proceeds acquired by criminal conduct, including by means
of duress, to their rightful owners.

ARTICLE 25

APPELLATE PROCEEDINGS
1. The Appeals Chamber shall hear appeals from persons convicted by

the Trial Chambers or from the Prosecutor on the following grounds:
(a) an error on a question of law invalidating the decision; or
(b) an error of fact which has occasioned a miscarriage of justice.

2. The Appeals Chamber may affirm, reverse or revise the decisions taken
by the Trial Chambers.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 26

REVIEW PROCEEDINGS
Where a new fact has been discovered which was not known at the time of

the proceedings before the Trial Chambers or the Appeals Chamber and which
could have been a decisive factor in reaching the decision, the convicted person
or the Prosecutor may submit to the International Tribunal an application for
review of the judgment.

ARTICLE 27

ENFORCEMENT OF SENTENCES
Imprisonment shall be served in a State designated by the International

Tribunal from a list of States which have indicated to the Security Council their
willingness to accept convicted persons. Such imprisonment shall be in
accordance with the applicable law of the State concerned, subject to the
supervision of the International Tribunal.

ARTICLE 28

PARDON OR COMMUTATION OF SENTENCES
If, pursuant to the applicable law of the State in which the convicted person

is imprisoned, he or she is eligible for pardon or commutation of sentence, the
State concerned shall notify the International Tribunal accordingly. The President
of the International Tribunal, in consultation with the Judges, shall decide the
matter on the basis of interests of justice and the general principles of law.

ARTICLE 29

CO-OPERATION AND JUDICIAL ASSISTANCE
1. States shall co-operate with the International Tribunal in the

investigation and prosecution of persons accused of committing serious
violations of international humanitarian law.

2. States shall comply without undue delay with any request for assistance
or an order issued by a Trial Chamber, including, but not limited to—

(a) the identification and location of persons;
(b) the taking of testimony and the production of evidence;
(c) the service of documents;
(d) the arrest or detention of persons;
(e) the surrender or the transfer of the accused to the

International Tribunal.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 30

THE STATUS, PRIVILEGES AND IMMUNITIES OF
THE INTERNATIONAL TRIBUNAL

1. The Convention on the Privileges and Immunities of the United Nations
of 13th February, 1946 shall apply to the International Tribunal, the Judges, the
Prosecutor and his staff and the Registrar and his staff.

2. The Judges, the Prosecutor and the Registrar shall enjoy the privileges
and immunities, exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.

3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges
and immunities accorded to officials of the United Nations under Articles V
and VII of the Convention referred to in paragraph 1 of this Article.

4. Other persons, including the accused, required at the seat of the
International Tribunal shall be accorded such treatment as is necessary for the
proper functioning of the International Tribunal.

ARTICLE 31

SEAT OF THE INTERNATIONAL TRIBUNAL
The International Tribunal shall have its seat at The Hague.

ARTICLE 32

EXPENSES OF THE INTERNATIONAL TRIBUNAL
The expenses of the International Tribunal shall be borne by the regular

budget of the United Nations in accordance with Article 17 of the Charter
of the United Nations.

ARTICLE 33

WORKING LANGUAGES
The working languages of the International Tribunal shall be English

and French.

ARTICLE 34

ANNUAL REPORT
The President of the International Tribunal shall submit an annual report of

International Tribunal to the Security Council and to the General Assembly.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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SCHEDULE 2

STATUTE OF THE INTERNATIONAL TRIBUNAL
FOR RWANDA

Having been established by the Security Council acting under Chapter VII of
the Charter of the United Nations, the International Criminal Tribunal for the
Prosecution of Persons Responsible for Genocide and other Serious Violations
of International Humanitarian Law Committed in the Territory of Rwanda and
Rwandan citizens responsible for genocide and other such violations (hereinafter
referred to as “the International Tribunal for Rwanda”) shall function in
accordance with the provisions of the present Statute.

ARTICLE 1

COMPETENCE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
The International Tribunal for Rwanda shall have the power to prosecute persons

responsible for serious violations of international humanitarian law committed in
the territory of Rwanda and Rwandan citizens responsible for such violations
committed in the territory of neighbouring States, between 1st January, 1994 and
31st December, 1994, in accordance with the provisions of the present Statute.

ARTICLE 2

GENOCIDE
1. The International Tribunal for Rwanda shall have the power to prosecute

persons committing genocide as defined in paragraph 2 of this Article or of
committing any of the other acts enumerated in paragraph 3 of this Article.

2. Genocide means any of the following acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) killing members of the group;
(b) causing serious bodily or mental harm to members of the group;
(c) deliberately inflicting on the group conditions of life calculated

to bring about its physical destruction in whole or in part;
(d) imposing measures intended to prevent births within the group;
(e) forcibly transferring children of the group to another group.

3. The following acts shall be punishable:
(a) genocide;
(b) conspiracy to commit genocide;
(c) direct and public incitement to commit genocide;
(d) attempt to commit genocide;
(e) complicity in genocide.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 3

CRIMES AGAINST HUMANITY
The International Tribunal for Rwanda shall have the power to prosecute

persons responsible for the following crimes when committed as part of a
widespread or systematic attack against any civilian population on national,
political, ethnic, racial or religious grounds:

(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape;
(h) persecutions on political, racial and religious grounds;
(i) other inhuman acts.

ARTICLE 4

VIOLATIONS OF ARTICLE 3 COMMON TO THE GENEVA CONVENTIONS
AND OF ADDITIONAL PROTOCOL II

The International Tribunal for Rwanda shall have the power to prosecute
persons committing or ordering to be committed serious violations of Article 3
common to the Geneva Conventions of 12th August, 1949 for the Protection of
War Victims, and of Additional Protocol II thereto of 8th June, 1977. These
violations shall include, but shall not be limited to—

(a) violence to life, health and physical or mental well-being of
persons, in particular murder as well as cruel treatment such
as torture, mutilation or any form of corporal punishment;

(b) collective punishments;
(c) taking of hostages;
(d) acts of terrorism;
(e) outrages upon personal dignity, in particular humiliating and

degrading treatment, rape, enforced prostitution and any form
of corporal punishment;

(f) pillage;
(g) the passing of sentences and the carrying out of executions

without previous judgment pronounced by a regularly
constituted Court, affording all the judicial guarantees which
are recognised as indispensable by civilized peoples;

(h) threats to commit any of the foregoing acts.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 5

PERSONAL JURISDICTION
The International Tribunal for Rwanda shall have jurisdiction over natural

persons pursuant to the provisions of the present Statute.

ARTICLE 6

INDIVIDUAL CRIMINAL RESPONSIBILITY
1. A person who planned, instigated, ordered, committed or otherwise aided

and abetted in the planning, preparation or execution of a crime referred to in Articles
2 to 4 of the present Statute, shall be individually responsible for the crime.

2. The official position of any accused person, whether as Head of State
or Government or as a responsible Government official, shall not relieve such
person of criminal responsibility nor mitigate punishment.

3. The fact that any of the acts referred to in Article 2 or 4 of the present Statute
was committed by a subordinate does not relieve his or her superior of criminal
responsibility if he or she knew or had reason to know that the subordinate was about
to commit such acts or had done so and the superior failed to take the necessary and
reasonable measures to prevent such acts or to punish the perpetrators thereof.

4. The fact that an accused person acted pursuant to an order of a
Government or of a superior shall not relieve him or her of criminal responsibility,
but may be considered in mitigation of punishment if the International Tribunal
for Rwanda determines that justice so requires.

ARTICLE 7

TERRITORIAL AND TEMPORAL JURISDICTION
The territorial jurisdiction of the International Tribunal for Rwanda shall

extend to the territory of Rwanda including its land surface and airspace as well
as to the territory of neighbouring States in respect of serious violations of
international humanitarian law committed by Rwandan citizens. The temporal
jurisdiction of the International Tribunal for Rwanda shall extend to a period
beginning on 1st January, 1994 and ending on 31st December, 1994.

ARTICLE 8

CONCURRENT JURISDICTION
1. The International Tribunal for Rwanda and national Courts shall have

concurrent jurisdiction to prosecute persons for serious violations of international
humanitarian law committed in the territory of Rwanda and Rwandan citizens
for such violations committed in the territory of neighbouring States, between
1st January, 1994 and 31st December, 1994.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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40 Chap. 11:23 International War Crimes Tribunals

2. The International Tribunal for Rwanda shall have primacy over the
national Courts of all States. At any stage of the procedure, the International
Tribunal for Rwanda may formally request national Courts to defer to its
competence in accordance with the present Statute and the rules of procedure
and Evidence of the International Tribunal for Rwanda.

ARTICLE 9

NON-BIS-IN-IDEM
1. No person shall be tried before a national Court for acts constituting

serious violations of international humanitarian law under the present Statute, for
which he or she has already been tried by the International Tribunal for Rwanda.

2. A person who has been tried by a national Court for acts constituting
serious violations of international humanitarian law may be subsequently tried
by the International Tribunal for Rwanda only if—

(a) the act for which he or she was tried was characterised as an
ordinary crime; or

(b) the national Court proceedings were not impartial or
independent, were designed to shield the accused from
international criminal responsibility, or the case was not
diligently prosecuted.

3. In considering the penalty to be imposed on a person convicted of a
crime under the present Statute, the International Tribunal for Rwanda shall
take into account the extent to which any penalty imposed by a national Court
on the same person for the same act has already been served.

ARTICLE 10

ORGANISATION OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
The International Tribunal for Rwanda shall consist of the following organs:

(a) the Chambers, comprising two Trial Chambers and an Appeals
Chamber;

(b) the Prosecutor; and
(c) a Registry.

ARTICLE 11

COMPOSITION OF THE CHAMBERS
The Chambers shall be composed of eleven independent Judges, no two of

whom may be nationals of the same State, who shall serve as follows:
(a) three Judges shall serve in each of the Trial Chambers;
(b) five Judges shall serve in the Appeals Chamber.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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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. The members of the Appeals Chamber of the International Tribunal for
the prosecution of Persons Responsible for Serious Violations of International Law
Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter referred
to as “the International Tribunal for the Former Yugoslavia”) shall also serve as the
members of the Appeals Chamber of the International Tribunal for Rwanda.

3. The Judges of the trial Chambers 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 of
the Trial Chambers from member States of the United Nations
and non-member States maintaining permanent observer
missions at United Nations Headquarters;

(b) within thirty 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 which shall be of the same nationality and neither of
whom shall be of the same nationality as any Judge on the
Appeals Chamber;

(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 twelve
and not more than eighteen candidates, taking due account of
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 the six Judges of the
Trial Chambers. The candidates who receive an absolute
majority of the votes of the member States 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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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4. In the event of a vacancy in the Trial Chambers, 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.

5. The Judges of the Trial Chambers 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.

ARTICLE 13

OFFICERS AND MEMBERS OF THE CHAMBERS
1. The Judges of the International Tribunal for Rwanda shall elect a president.

2. After consultation with the Judges of the International Tribunal for
Rwanda, the President shall assign the Judges to the Trial Chambers. A Judge
shall serve only in the Chamber to which he or she was assigned.

3. The Judges of each Trial Chamber shall elect a Presiding Judge, who
shall conduct all of the proceedings of that Trial Chamber as a whole.

ARTICLE 14

RULES OF PROCEDURE AND EVIDENCE
The Judges of the International Tribunal for Rwanda shall adopt, for the

purpose of proceeding before the International Tribunal for Rwanda, the rules
of procedure and evidence for the conduct of the pre-trial phase of the
proceedings, trials and appeals, the admission of evidence, the protection of
victims and witnesses and other appropriate matters of the International Tribunal
for the Former Yugoslavia with such changes as they deem necessary.

ARTICLE 15

THE PROSECUTOR
1. The Prosecutor shall be responsible for the investigation and

prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of Rwanda and Rwandan citizens
responsible for such violations committed in the territory of neighbouring States,
between 1st January, 1994 and 31st December, 1994.

2. The Prosecutor shall act independently as a separate organ of the
International Tribunal for Rwanda. He or she shall not seek or receive instructions
from any Government or from any other source.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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International War Crimes Tribunals Chap. 11:23 43

3. The Prosecutor of the International Tribunal for the Former Yugoslavia
shall also serve as the Prosecutor of the International Tribunal for Rwanda. He or
she shall have additional staff, including an additional Deputy Prosecutor, to assist
with prosecutions before the International Tribunal for Rwanda. Such staff shall
be appointed by the Secretary-General on the recommendation of the Prosecutor.

ARTICLE 16

THE REGISTRY
1. The Registry shall be responsible for the administration and servicing

of the International Tribunal for Rwanda.

2. The Registry shall consist of a Registrar and such other staff as may
be required.

3. The Registrar shall be appointed by the Secretary-General after
consultation with the President of the International Tribunal for Rwanda. He or
she shall serve for a four-year term and be eligible for reappointment. The terms
and conditions of service of the Registrar shall be those of an Assistant Secretary-
General of the United Nations.

4. The staff of the Registry shall be appointed by the Secretary-General
on the recommendation of the Registrar.

ARTICLE 17

INVESTIGATION AND PREPARATION OF INDICTMENT
1. The Prosecutor shall initiate investigations ex officio or on the basis of

information obtained from any source, particularly from Governments, United
Nations Organs, inter-governmental and non-governmental organisations. The
Prosecutor shall assess the information received or obtained and decide whether
there is sufficient basis to proceed.

2. The Prosecutor shall have the power to question suspects, victims and
witnesses, to collect evidence and to conduct on-site investigations. In carrying
out these tasks, the Prosecutor may, as appropriate, seek the assistance of the
State authorities.

3. If questioned, the suspect shall be entitled to be assisted by an Attorney-
at-law of his or her own choice, including the right to have legal assistance
assigned to the suspect without payment by him or her in any such case if he or
she does not have sufficient means to pay for it, as well as to necessary translation
into and from a language he or she speaks and understands.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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44 Chap. 11:23 International War Crimes Tribunals

4. Upon a determination that a prima facie case exists, the Prosecutor
shall prepare an indictment containing a concise statement of the facts and the
crimes with which the accused is charged under the Statute. The indictment
shall be transmitted to a Judge of the Trial Chamber.

ARTICLE 18

REVIEW OF THE INDICTMENT
1. The Judge of the Trial Chamber to whom the indictment has been

transmitted shall review it. If satisfied that a prima facie case has been established
by the Prosecutor, he or she shall confirm the indictment. If not so satisfied, the
indictment shall be dismissed.

2. Upon confirmation of an indictment, the Judge may, at the request of
the Prosecutor, issue such orders and warrants for the arrest, detention,
surrender or transfer of persons, and any other orders as may be required for
the conduct of the trial.

ARTICLE 19

COMMENCEMENT AND CONDUCT OF TRIAL PROCEEDINGS
1. The Trial Chambers shall ensure that a trial is fair and expeditious and

that proceedings are conducted in accordance with the rules of procedure and
evidence, with full respect for the rights of the accused and due regard for the
protection of victims and witnesses.

2. A person against whom an indictment has been confirmed shall,
pursuant to an order or an arrest warrant of the International Tribunal for Rwanda,
be taken into custody, immediately informed of the charges against him or her
and transferred to the International Tribunal for Rwanda.

3. The Trial Chamber shall read the indictment, satisfy itself that the
rights of the accused are respected, confirm that the accused understands the
indictment, and instruct the accused to enter a plea. The Trial Chamber shall
then set the date for trial.

4. The hearings shall be public unless the Trial Chambers decides to close
the proceedings in accordance with its rules of procedure and evidence.

ARTICLE 20

RIGHTS OF THE ACCUSED
1. All persons shall be equal before the International Tribunal for Rwanda.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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2. In the determination of charges against him or her, the accused shall
be entitled to a fair and public hearing, subject to Article 21 of the Statute.

3. The accused shall be presumed innocent until proved guilty according
to the provisions of the present Statute.

4. In the determination of any charge against the accused pursuant to the
present Statute, the accused shall be entitled to the following minimum
guarantees, in full equality:

(a) to be informed promptly and in detail in a language which he
or she understands of the nature and cause of the charge against
him or her;

(b) to have adequate time and facilities for the preparation of his
or her defence and to communicate with an Attorney-at-law
of his or her own choosing;

(c) to be tried without undue delay;
(d) to be tried in his or her presence, and to defend himself or

herself in person or through legal assistance of his or her own
choosing; to be informed, if he or she does not have legal
assistance, of this right; and to have legal assistance assigned
to him or her, in any case where the interests of justice so
require, and without payment by him or her in any such case
if he or she does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him or
her and to obtain the attendance and examination of witnesses
on his or her behalf under the same conditions as witnesses
against him or her;

(f) to have the free assistance of an interpreter if he or she cannot
understand or speak the language used in the International
Tribunal for Rwanda;

(g) not to be compelled to testify against himself or herself or to
confess guilt.

ARTICLE 21

PROTECTION OF VICTIMS AND WITNESSES

The International Tribunal for Rwanda shall provide in its rules of procedure
and evidence for the protection of victims and witnesses. Such protection
measures shall include, but shall not be limited to, the conduct of in camera
proceedings and the protection of the victim’s identity.

UNOFFICIAL VERSION


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MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 22

JUDGMENT
1. The Trial Chambers shall pronounce judgments and impose sentences

and penalties on persons convicted of serious violations of international
humanitarian law.

2. The judgment shall be rendered by a majority of the Judges of the
Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be
accompanied by a reasoned opinion in writing, to which separate or dissenting
opinions may be appended.

ARTICLE 23

PENALTIES
1. The penalty imposed by the Trial Chamber shall be limited to imprisonment.

In determining the terms of imprisonment, the Trial Chambers shall have recourse
to the general practice regarding prison sentences in the Courts of Rwanda.

2. In imposing the sentences, the Trial Chambers should take into account
such factors as the gravity of the offence and the individual circumstances of
the convicted person.

3. In addition to imprisonment, the Trial Chambers may order the return
of any property and proceeds acquired by criminal conduct, including by means
of duress, to their rightful owners.

ARTICLE 24

APPELLATE PROCEEDINGS
1. The Appeals Chamber shall hear appeals from persons convicted by

the Trial Chambers or from the Prosecutor on the following grounds:
(a) an error on a question of law invalidating the decision; or
(b) an error of fact which has occasioned a miscarriage of justice.

2. The Appeals Chamber may affirm, reverse or revise the decisions taken
by the Trial Chambers.

ARTICLE 25

REVIEW PROCEEDINGS
Where a new fact has been discovered which was not known at the time of

the proceedings before the Trial Chambers or the Appeals Chamber and which
could have been a decisive factor in reaching the decision, the convicted person
or the Prosecutor may submit to the International Tribunal for Rwanda an
application for review of the judgment.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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ARTICLE 26

ENFORCEMENT OF SENTENCES
Imprisonment shall be served in Rwanda or any of the States on a list of

States which have indicated to the Security Council their willingness to accept
convicted persons, as designed by the International Tribunal for Rwanda. Such
imprisonment shall be in accordance with the applicable law of the State
concerned, subject to the supervision of the International Tribunal for Rwanda.

ARTICLE 27

PARDON OR COMMUTATION OF SENTENCES
If, pursuant to the applicable law of the State in which the convicted person

is imprisoned, he or she is eligible for pardon or commutation of sentence, the
State concerned shall notify the International Tribunal for Rwanda accordingly.
There shall only be pardon or commutation of sentence if the President of the
International Tribunal for Rwanda, in consultation with the Judges, so decides
on the basis of the interests of justice and the general principles of law.

ARTICLE 28

CO-OPERATION AND JUDICIAL ASSISTANCE
1. States shall co-operate with the International Tribunal for Rwanda in

the investigation and prosecution of persons accused of committing serious
violations of international humanitarian law.

2. States shall comply without undue delay with any request for assistance
or an order issued by a Trial Chamber, including, but not limited to—

(a) the identification and location of persons;
(b) the taking of testimony and the production of evidence;
(c) the service of documents;
(d) the arrest or detention of persons;
(e) the surrender or the transfer of the accused to the International

Tribunal for Rwanda.

ARTICLE 29

THE STATUS, PRIVILEGES AND IMMUNITIES OF THE
INTERNATIONAL TRIBUNAL FOR RWANDA

1. The Convention of the Privileges and Immunities of the United Nations
of 13th February, 1946 shall apply to the International Tribunal for Rwanda, the
Judges, the Prosecutor and his or her staff, and the Registrar and his or her staff.

UNOFFICIAL VERSION


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2. The Judges, the Prosecutor and the Registrar shall enjoy the privileges
and immunities, exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.

3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges
and immunities accorded to officials of the United Nations under articles V and
VII of the Convention referred to in paragraph 1 of this Article.

4. Other persons, including the accused, required at the seat or meeting
place of the International Tribunal for Rwanda shall be accorded such
treatment as is necessary for the proper functioning of the International
Tribunal for Rwanda.

ARTICLE 30

EXPENSES OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
The expenses of the International Tribunal for Rwanda shall be expenses of

the Organisation in accordance with Article 17 of the Charter of the
United Nations.

ARTICLE 31

WORKING LANGUAGES
The working languages of the International Tribunal shall be English

and French.

ARTICLE 32

ANNUAL REPORT
The President of the International Tribunal for Rwanda shall submit an annual

report of the International Tribunal for Rwanda to the Security Council and to
the General Assembly.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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SCHEDULE 3

FORMS

1. Provisional Warrant of Arrest.

2. Authority to Proceed.

3. Warrant of Arrest.

4. Warrant of Committal (by Consent).

5. Warrant of Surrender (by Consent) to Tribunal.

6. Recognisance on Review (with Surety).

7. Recognisance on Review (without Surety).

8. Recognisance on Appeal (with Surety).

9. Recognisance on Appeal (without Surety).

10. Surrender Warrant.

11. Summons to Appear before a Tribunal.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

50 Chap. 11:23 International War Crimes Tribunals

FORM 1

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

PROVISIONAL WARRANT OF ARREST

......................................................... Magistrates’ Court

To

There being evidence that the Attorney General has received a request on
the grounds of urgency from the *Former Yugoslavia/*Rwanda Tribunal for
the arrest of A.B. (hereinafter referred to as “the defendant”) who is charged
with having committed the Tribunal offence of ..............................................
for which the said Tribunal has power to prosecute persons under
Article.................................. of the Statute of the Tribunal (or who has been
convicted by the said Tribunal for the Tribunal offence of........................................
for which the said Tribunal has power to prosecute persons under
Article.................................... of the Statute of the Tribunal):

And there being information that the defendant is or is believed to be in or
on his way to Trinidad and Tobago:

And there being evidence that the purpose of the arrest of the defendant is
to enable the defendant to be brought before the said Tribunal (or to be taken to
a place where he is to be imprisoned under a sentence of the said Tribunal):

You are hereby commanded to arrest the defendant and to bring him before
me or some other Magistrate to be dealt with in accordance with the provisions
of the International War Crimes Tribunals Act.

Dated the ..................... day of ...................................., 20...... .

(Signed)

Magistrate

(Section 6).

*Delete if inapplicable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

International War Crimes Tribunals Chap. 11:23 51

FORM 2

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

AUTHORITY TO PROCEED

To His Worship Mr.

A request having been made to the Attorney General by the *Former
Yugoslavia/*Rwanda Tribunal (hereinafter referred to as “the Tribunal”) for
the surrender of A.B. (hereinafter referred to as “the defendant”) to the Tribunal
[or to ................................................... (name of country) where the defendant
is to undergo imprisonment under a sentence of the Tribunal]:

And the Attorney General being satisfied that the said request is in accordance
with section 5(1) of the International War Crimes Tribunals Act:

And the said request having been accompanied by an arrest warrant issued
by the Tribunal in relation to the defendant or by a copy of that warrant
authenticated by the Tribunal:

The Attorney General hereby requires you to proceed with the case in
accordance with the provisions of the International War Crimes Tribunals Act.

Dated the .................... day of ....................................., 20...... .

(Signed)

Attorney General

(Section 7).

*Delete if inapplicable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

52 Chap. 11:23 International War Crimes Tribunals

(Section 8). FORM 3

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

WARRANT OF ARREST

............................................. Magistrates’ Court

To

The Attorney General having required me, the undersigned Magistrate for
the ......................................................... District, to proceed in accordance with
the provisions of the International War Crimes Tribunals Act in respect of A.B.
(hereinafter referred to as “the defendant”) in respect of whom an arrest warrant
has been issued by the *Former Yugoslavia/*Rwanda Tribunal and the request
has been made by the said Tribunal to the Attorney General for his surrender to
the Tribunal [or to ............................... (name of country) where he is to undergo
imprisonment under a sentence of that Tribunal]:

You are hereby commanded to arrest the defendant and to bring him before
me or some other Magistrate to be dealt with in accordance with the provisions
of the International War Crimes Tribunals Act.

Dated the ............... day of ........................, 20...... .

(Signed)

Magistrate

*Delete if inapplicable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

International War Crimes Tribunals Chap. 11:23 53

FORM 4

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

WARRANT OF COMMITTAL (BY CONSENT)

To all Constables and to the Keeper of Jail/Prison.

A.B. having been arrested pursuant to a warrant issued under section 6(1)
or 8(1) of the International War Crimes Tribunals Act, having requested the
Attorney General to order his surrender without any proceedings before a
Magistrate under section 11 of that Act.

And the Attorney General having consented to the request of A.B. :

This is to command you, the said constables, to convey A.B. to the said
Jail/Prison and there deliver him to the Keeper thereof, together with this warrant;
and I do hereby command you, the Keeper of the said Jail/Prison, to receive
him into your custody and keep him until he is thence delivered in accordance
with the provisions of that Act.

Dated the ................ day of .............................., 20..... .

(Signed)

Attorney General

[Section 10A(2)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

54 Chap. 11:23 International War Crimes Tribunals

FORM 5

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

WARRANT OF SURRENDER (BY CONSENT)
TO TRIBUNAL

To the Keeper of Jail/Prison to all Constables.

Whereas a request has been made to the Attorney General by or on
behalf of ......................................... for the surrender to the Tribunal of A.B.
who is charged for (or who is convicted of) the offence of ....................................... :

And whereas A.B. has requested the Attorney General to order his surrender
without any proceedings before a Magistrate under section 11 of the International
War Crimes Tribunals Act:

And whereas the Attorney General consented to that request of A.B. and
ordered A.B. to be committed to the said Jail/Prison on the ............... day of
....................... 20......., to await his surrender to ......................................... :

Now, therefore, the Attorney General hereby orders with the consent of
A.B. that A.B. be surrendered to ................................................. in respect of
the offence for which he was committed to custody by the Attorney General.

Dated the ............... day of............................, 20...... .

(Signed)

Attorney General

[Section 10A(3)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

International War Crimes Tribunals Chap. 11:23 55

FORM 6

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

RECOGNISANCE ON REVIEW (WITH SURETY)

Be it remembered that on the ........... day of ..................., 20...... A.B. (the
person ordered to be discharged from custody) of ............................... and C.D.
(surety) of ................................... came before me the undersigned Registrar of
the Supreme Court and severally acknowledged themselves to owe to the State
the several sums following, that is to say, the said A.B. the sum of
......................................... and the said C.D. the sum of .......................... .

WHEREAS on the .......... day of ......................, 20...... the said A.B. whose
surrender was requested by the .............................. Tribunal was ordered by the
Magistrate for the ......................... District to be discharged from custody:

And whereas the Attorney General has applied to the High Court for review
of the order of discharge:

And whereas an application for bail has been made pending the
determination of the application for review of the order of discharge:

And whereas the High Court has made order granting bail for the said
A.B. pending the determination of the application for review:

Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the High Court when the application for
review of the said order comes on to be heard (and at every sitting of such
Court to which the application for review of the said order may be from time
to time adjourned) and shall not depart the Court without leave, and shall
abide by the order of the said High Court, then this recognisance shall be void
but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

(Surety) (Signed) C.D.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

[Section 14(3)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

56 Chap. 11:23 International War Crimes Tribunals

FORM 7

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

RECOGNISANCE ON REVIEW (WITHOUT SURETY)

Be it remembered that on the ........... day of ......................., 20........ A.B.
(the person ordered to be discharged from custody) of .......................................
came before me the undersigned Registrar of the Supreme Court and
acknowledged himself to owe to the State the sum of............................ which
said sum has been paid into Court.

WHEREAS on the ........... day of ............................, 20........ the said A.B.
whose surrender was requested by the ....................... Tribunal was ordered by
the Magistrate for the .................................... District to be discharged from
custody:

And whereas the Attorney General has applied to the High Court for review
of the order of discharge:

And whereas an application for bail has been made pending the
determination of the application for review of the order of discharge.

And whereas the High Court has made order granting bail for the said
A.B. pending the determination of the application for review:

Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the High Court when the application for
review of the said order comes on to be heard (and at every sitting of such
Court to which the application for review of the said order may be from time to
time adjourned) and shall not depart the Court without leave, and shall abide
by the order of the said High Court, without leave, then this recognisance shall
be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

[Section 14(3)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

International War Crimes Tribunals Chap. 11:23 57

FORM 8

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

RECOGNISANCE ON APPEAL (WITH SURETY)

Be it remembered that on the............day of.............., 20......... A.B. (the
person ordered to be discharged from custody) of..................... and C.D. (surety)
of ........................................... came before me the undersigned Registrar of the
Supreme Court and severally acknowledged themselves to owe to the State the
several sums following, that is to say, the said A.B. the sum of ............................
and the said C.D. the sum of ............................................................................. .

WHEREAS on the ............. day of ......................, 20.......... the said A.B. whose
surrender was requested by the .......................... Tribunal was ordered by the
Magistrate for the ............................ District to be discharged from custody:

And whereas on the ............ day of ........................., 20......... the said order
of the Magistrate was reviewed by the High Court:

And whereas the Attorney General/A.B. has appealed against the decision
of the High Court on the said review:

And whereas the High Court has made order granting bail for the said
A.B. pending the determination of the appeal:

Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when the appeal comes
on to be heard (and at every sitting of such Court to which the appeal may be
from time to time adjourned) and shall not depart the Court without leave, and
shall abide by the order of the said Court of Appeal, then this recognisance shall
be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

(Surety) (Signed) C.D.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

[Section 14(6)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

58 Chap. 11:23 International War Crimes Tribunals

FORM 9

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

RECOGNISANCE ON APPEAL (WITHOUT SURETY)

Be it remembered that on the ........... day of ........................., 20........ A.B.
(the person ordered to be discharged from custody) of .......................................
came before me the undersigned Registrar of the Supreme Court and
acknowledged himself to owe to the State the sum of
............................................................... which said sum has been paid into Court:

WHEREAS on the ............ day of ..............................., 20......... the said A.B.
whose surrender was requested by the .......................... Tribunal was ordered
by the Magistrate for the ................. District to be discharged from custody:

And whereas on the ............... day of .............................. , 20.......... the
said order of the Magistrate was reviewed by the High Court:

And whereas the Attorney General/A.B. has appealed against the decision
of the High Court on the said review:

And whereas the High Court has made order granting bail for the said
A.B. pending the determination of the appeal:

Now the condition of this recognisance is such that if the said A.B. shall
personally appear at the sittings of the Court of Appeal when the appeal comes
on to be heard (and at every sitting of such Court to which the appeal may be
from time to time adjourned) and shall not depart the Court without leave, and
shall abide by the order of the said Court of Appeal, then this recognisance shall
be void but otherwise shall be in full force and effect.

(Person ordered to be discharged) (Signed) A.B.

Taken and acknowledged before me.

(Signed)

Registrar of the Supreme Court

[Section 14(6)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

International War Crimes Tribunals Chap. 11:23 59

FORM 10

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

SURRENDER WARRANT

To the Keeper of (Jail)/Prison and to all Constables.

WHEREAS a request has been made to the Attorney General by the .................
Tribunal for the surrender to the Tribunal [or to ...................... (name of country)
where he is to undergo imprisonment under a sentence of that Tribunal] of A.B.
(hereinafter referred to as “the prisoner”) who is charged with having committed
the Tribunal offence of ............................................. for which the said Tribunal
has power to prosecute persons under Article........................of the Statute of
the Tribunal (or who has been convicted by the said Tribunal for the Tribunal
offence of....................................... for which the said Tribunal has power to
prosecute persons under Article ........................... of the Statute of the Tribunal):

And whereas a Magistrate, being satisfied that the evidence given before him
would be sufficient to warrant the surrender of the prisoner to the Tribunal [or
to ..................................... (name of country) where he is to undergo imprisonment
under a sentence of that Tribunal], committed the prisoner to the (Jail) Prison
on the ................... day of .................................... , 20....... , to await his surrender
to the Tribunal [or to .............................. (name of country) where he is to undergo
imprisonment under a sentence of that Tribunal]:

And whereas the prisoner has not been discharged from custody by order of the
High Court or of the Court of Appeal:

Now, therefore, the Attorney General hereby orders that the prisoner be
surrendered to the Tribunal [or to .......................................... (name of country)
where he is to undergo imprisonment under a sentence of that Tribunal].

Dated the .................. day of .............................., 20...... .

(Signed)

Attorney General

[Section 15(1)].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

LAWS OF TRINIDAD AND TOBAGO

60 Chap. 11:23 International War Crimes Tribunals

FORM 11

REPUBLIC OF TRINIDAD AND TOBAGO

THE INTERNATIONAL WAR CRIMES TRIBUNALS ACT (CH. 11:23)

SUMMONS TO APPEAR BEFORE THE *FORMER
YUGOSLAVIA/*RWANDA TRIBUNAL

IN THE MATTER OF .........................................................................

To of

WHEREAS the Attorney General has received from the *Former Yugoslavia/
*Rwanda Tribunal a request for the service of a summons requiring you to
appear before the said Tribunal for the purpose of giving evidence [or assisting
an investigation] with respect to above-mentioned matter.

This is to give you notice to attend ....................... on the ................. day of
........................................., 20.............. before the ........................... Tribunal.

You are required to contact the Office of the Attorney General no later
than the ................... day of .................................. , 20........... , so that
appropriate arrangements can be made for your attendance before the said
Tribunal in accordance with section 27 of the International War Crimes
Tribunals Act.

You are also required to have with you at the said time and place of the
sitting of the said Tribunal any books, papers or other things under your control
or in your possession in any manner relating to the said matter.

Dated the ........................ day of .........................., 20........ .

(Signed)

Registrar of the Supreme Court

[Section 29(2)].

*Delete if inapplicable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt