Texts Of Resolution 827 (1993) Of The United Nations Security Council And The Statute Of The International Jurisdiction For Serious Violations Of Humanitarian Law Committed In The Territory Of The Former Yugoslavia.

Original Language Title: Testi della risoluzione 827 (1993) del Consiglio di sicurezza delle Nazioni Unite e dello statuto del Tribunale internazionale competente per gravi violazioni del diritto umanitario commesse nei territori della ex Jugoslavia.

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The table below the texts, in the non-official Italian translation and the English language, the resolution 827 (1993) adopted by the United Nations Security Council 25 May 1993 and the Statute of the International Tribunal responsible for serious violations of humanitarian law committed in the territories of the former Yugoslavia, approved by resolution 827 (1993), called by the decree-law of 28 December 1993, n. 544: on "Measures in the field of cooperation with the International Tribunal responsible for serious violations of humanitarian law committed in the territory of the former Yugoslavia." Decree published on p. 18 of the same Official Gazette. RESOLUTION 827 (1993) OF THE SECURITY COUNCIL ADOPTED BY ITS 3217th MEETING ON 25 MAY 1993 THE SECURITY COUNCIL Confirming its resolution 713 (1991) of 25 September 1991 and all subsequent resolutions on the same subject; Considered the report of the Secretary General (S / 25704 and Add.1) pursuant to paragraph 2 of resolution 808 (1993); Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law committed in the territory of the former Yugoslavia, particularly in Bosnia and Herzegovina, and for the mass killings complaints of detentions and generalized rapes, organized and systematic of women as well as' the continuing practice of "ethnic cleansing", with the occupation and acquisition of territories; Belief that such a situation will continue to pose a threat to international peace and security; Determined to put an end to such crimes and to take effective measures to bring to justice the persons responsible for them; Convinced that in the particular circumstances of the former Yugoslavia, the institution, as an appropriate measure by the Council, of an international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law would allow to achieve the objective mentioned and would contribute to the restoration and the maintenance of peace; Convinced that the establishment of an international tribunal and the prosecution of persons responsible for the aforementioned contribute 'to stop violations and to effectively repair the same; View, in this regard, the recommendation of the co-chairman of the Committee Director of the International Conference on the former Yugoslavia for the establishment of the Court on the subject (S / 255221); Confirming this regard, its decision contained in resolution 808 (1993), to establish an 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; Considering that, pending the appointment of the prosecutor of the international tribunal, the Expert Committee established under resolution 780 (1992) should continue urgently gathering information on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law, as proposed in its interim report (S / 25274); Acting under Chapter VII of the Charter of the United Nations, 1. Approves the report of the Secretary-General; 2. Decides to establish an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed on the territory of the former Yugoslavia between 1 January 1991 and a date that will be 'fixed by the Security Council once peace returned , and to this end to adopt the statute of the international Tribunal annexed to the above report; 3. Requests the Secretary-General to submit to the judges of the International Tribunal, once elected, any suggestions you may have received from States on the rules of procedure and evidence relating to, invoke Article 15 of the Statute of the International Tribunal; 4. Decides that all States shall cooperate fully with the International Tribunal and its organs, in accordance 'with this resolution and the Statute of the International Tribunal, and that therefore all States shall adopt all necessary measures, in accordance with its national law, for the purposes of implementing the provisions of this resolution and the Statute, including the obligation for Member States to give effect to requests for assistance or orders issued by the chambers of 1 degree under Article 29 of the Statute; 5. Urges Member States and organizations intergovernmental and non-governmental organizations to provide to the International Tribunal, equipment and services, and to offer specialized personnel; 8. Decides that the choice of the seat of the International Tribunal will take place 'at the conclusion of appropriate agreements, the approval of the board, between the United Nations and the Netherlands and that the International Tribunal potra' meet at any other place whenever deemed necessary for the regular exercise of its functions; 7. Decides further that the activities 'of the International Tribunal will be' conducted without prejudice to the right of victims to request any other means compensation for damages suffered as a result of violation of the rules of international humanitarian law; 8. Requests the Secretary-General to give urgent implementation of this resolution and in particular to take all practical measures for the effective functioning of the International Tribunal in the more 'short time, reporting regularly to the Board; 9. Decides to continue to take an active interest in the issue. STATUTE OF THE INTERNATIONAL TRIBUNAL 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 (in this context referred to as "the International Tribunal"), established by the Security Council under Chapter VII of the Charter of the United Nations, will work 'under the provisions of this Statute. Article 1 Competence of the International Tribunal The International Tribunal shall have the power to prosecute, in accordance 'with the rules of this statute, the persons responsible for serious violations of international humanitarian dirittto Committed in the Territory of the Former Yugoslavia since 1991. Article 2 Grave breaches of the conventions 1949 Geneva the international Tribunal has the power to prosecute persons who have committed, or to have ordered to be committed, grave breaches of the Geneva conventions of 12 August 1949, that 'the following acts against persons or property protected by the Convention provisions Geneva applicable: a) intentional killing; b) torture or inhuman treatment, including biological experiments; c) the deliberate infliction of great suffering or serious physical or mental injury; d) the large-scale destruction and appropriation of property, not justified by military order needs and carried out unlawfully and wantonly; e) the constriction of a prisoner of war or a civilian to serve in the armed forces of a hostile power; f) deliberate deprivation of the right of a prisoner of war or a civilian to a fair and regular trial; g) unlawful deportation or transfer or the unlawful detention of a civilian; h) the hostage taking of civilians. Article 3 Violations of the laws and customs of war The International Tribunal has the power to prosecute persons who have violated the laws and customs of war. These violations include, but are not limited to: a) the use of chemical weapons or other direct weapons to cause unnecessary suffering; b) wanton destruction of cities', towns or villages, and devastation not justified by military necessity; c) attack, or bombardment, by whatever means, of the city ', villages, dwellings or buildings defenseless; d) the occupation, the destruction or willful damage to religious institutions, charitable and educational institutions, institutions of art and sciences, historic monuments, works of art and scientific works; e) the plunder of property 'public and private. Article 4 Genocide 1. The International Tribunal has the power to prosecute persons committing genocide as defined in paragraph 2 of this Article, or who have committed any act referred to 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: a) killing members of the group; b) the infliction of serious bodily or mental harm to members of the group; c) the deliberate imposition to the group of life conditions in order to cause all or part of the physical destruction; d) imposing measures intended to prevent births within the group; e) the forcible transfer of children of the group to another group. 3. the following acts are punishable: a) Genocide; b) association ( "conspiracy") in order to commit genocide; c) Direct and public incitement to commit genocide; d) Attempt to commit genocide; e) complicity in genocide. Article 5 Crimes against humanity 'The International Tribunal has the power to prosecute persons responsible for the following crimes when committed as part of an international or internal armed conflict and are directed, against civilian populations: a) murder ( "murder"); b) Extermination; c) reduction in a state of slavery '; d) Deportation; e) imprisonment; f) torture; g) Rape; h) persecution on political, racial or religious; i) other inhumane acts. Article 6 Personal jurisdiction The International Tribunal shall have jurisdiction over natural persons in accordance with the provisions of this Statute. Article 7 Responsibility 'personal criminal 1. And' the person who has arranged individually responsible for the crime, instigated, ordered, committed or otherwise aided or facilitated the organization, preparation or execution of any of the offenses referred to in Articles 2 to 5 of this Statute. 2. The official position of the person charged, whether it's a head of state or government, whether it be a responsible government official does not relieve that person of their own responsibility 'criminal, it' can mitigate the punishment. 3. The fact that any of the listed acts referred to in Articles 2 to 5 of this Statute was committed by a subordinate does not relieve the superior of its responsibility 'criminal if he knew or had reason to know that the subordinate was about to commit the act in question, or had committed, and he failed to take all necessary and reasonable steps to prevent the act or to punish the author. 4. The fact that a person accused acted according to a government policy or of a superior does not relieve that person of responsibility 'criminal, but can' be evaluated for the reduction of punishment if the International Tribunal so 'decided for reasons of Justice. Article 8 Territorial and temporal jurisdiction The territorial jurisdiction of the International Tribunal includes 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 extends for a period of time commencing from 1 January 1991. Article 9 competitor Jurisdiction 1. The International Tribunal and national courts have concurrent jurisdiction in the prosecution of serious violations of international humanitarian law committed in the territory of the former Yugoslavia from 1 January 1991. 2. The international Tribunal has priority 'on national courts. In any stage of the proceedings the International Tribunal may 'formally request the national court to put back ( "defer") the proceedings to the competence of that International Tribunal, in accordance' with this Statute and the rules of procedure and evidence relating to the International Tribunal. Article 10 Ne bis in idem 1. Can not 'be tried by a national court for acts constituting serious violations of international humanitarian law in accordance with this statute who, for the same acts, has already' been tried by the International Tribunal. 2. Who has been tried by a national court for acts constituting serious violations of international humanitarian law can 'be subsequently tried by the International Tribunal only if: a) the offense for which the person' was judged and 'been recognized as a common crime ; b) the proceedings before the national court is not 'been impartial or independent, or had intended to exclude the accused away from responsibility' international criminal, or did not 'been pursued with due diligence. 3. In determining the penalty to be imposed against a person convicted of a criminal offense under the present statute, the International Tribunal shall take into account any penalty imposed by a national court to the same person for the same act, to the extent that it is already 'he has been expiated. Article 11 Organization of the International Tribunal The International Tribunal and 'consists of the following organs: a) the rooms, which includes two rooms of 1 degree and an appeals chamber; b) the prosecutor; c) a registrar, which exercise its functions and for the rooms to the prosecutor. Article 12 Settlement of rooms Make up eleven independent judges rooms, all of nationality 'different, distributed as follows: a) three judges make up each of the rooms 1 degree; b) five judges comprising the appeals chamber. Article 13 Qualifications and election of judges 1. The judges shall be persons of high moral standards and high impartiality 'and integrity', and must possess the qualifications required in their respective countries for appointment to the most 'highest judicial offices. For the purposes of the composition of the rooms are taken into account, in general, the experience of the judges on criminal law and on international law, including international humanitarian law and the matter of human rights. 2. The judges of the International Tribunal shall be elected by the General Assembly, on the basis of a list submitted by the Security Council, as follows: a) the Secretary-General calls on the Member States of the United Nations and non-member States maintaining permanent missions observers at the United Nations for nominations of judges of the international Tribunal; b) within 60 days from the date of the Secretary-General, each State may 'nominate up to two candidates who meet the requirements set out in paragraph 1 above, each of which must be of nationality' different; c) the Secretary-General shall forward the nominations so 'received to the Security Council. Based on the nominations received the Security Council form a list of not less than 22 and no more 'than 33 names, with due regard to a fair representation 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. Among the names included in the list the General Assembly shall elect the 11 judges of the International Tribunal. candidates are declared elected who received the absolute majority of the votes of the Member States of the United Nations and non-member States maintaining permanent observer missions to the United Nations. If two of the same nationality 'candidate obtains the required majority, it is considered elected the one that received the most votes. 3. If within the rooms is a vacancy, the Secretary-General, after consultation with the President of the Security Council and the General Assembly, appoint a person meeting the requirements of paragraph 1 above, which remain 'in office for the remainder of the term of office of the member replaced. 4. The judges are elected for a term of four years. The terms and conditions of office are those of the International Court of Justice judges. The judges may be reappointed. Article 14 Officers and members of the rooms 1. The judges of the International Tribunal shall elect a president. 2. The President of the International Tribunal must be a member of the chamber of appeal, and presides over the proceedings of this room. 3. After consulting with the judges of the International Tribunal, the President shall assign the judges to the Appeals Chamber and chambers of 1 degree. Each judge performs its functions only within the chamber to which 'was intended. 4. The judges of each chamber 1 can elect a president, who leads all the proceedings of the room as a whole. Article 15 Rules of procedure and evidence relating to the judges of the International Tribunal shall adopt rules of procedure and evidence relating to the conduct of the previous stage to the judgment of the trial and the appeal, for the admission of evidence, the protection of victims and witnesses and for anything else that might be of interest. Article 16 The Prosecutor 1. The responsible prosecutor to investigate and promote the prosecution of those responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991. 2. The Prosecutor acts independently as a separate organ the international Tribunal. The prosecutor does not ask for or receive any instructions it 'by governments, it' from any other source. 3. The prosecutor's office is composed of a Prosecutor and other qualified personnel who might need. 4. The Prosecutor is appointed by the Security Council upon nomination by the Secretary General. The prosecutor must be high person moral level and must possess the most 'high degree of competence and experience in the conduct of the investigation and prosecution in criminal proceedings. The Prosecutor shall serve for four years and can 'be re-elected. The terms and conditions of the prosecutor's office are those of the Secretary-General of the United Nations. 5. The office staff of the Prosecutor and 'appointed by the Secretary-General on the recommendation of the same prosecutor. Article 17 1. At Chancery Court is up function to administer and assist the International Tribunal. 2. The registry and 'formed by a chancellor and the other staff that will be able' may be necessary. 3. The Registrar is appointed by the Secretary General, after consultation with the President of the International Tribunal. The chancellor holds office for four years and can 'be re-elected. 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 18 Investigation and preparation of the indictment 1. The Prosecutor from 'start ex officio investigations or on the basis of information received from any source, particularly by governments, United Nations bodies and intergovernmental and non-governmental . Currency prosecutor news received or obtained and decide whether there is sufficient evidence to proceed. 2. The prosecutor can 'interrogate suspects, victims and witnesses, can' gather evidence and can 'conduct investigations on site. In performing these duties the prosecutor may ', where applicable, request the assistance of the authorities' of the State concerned. 3. In case of questioning the suspect has the right to be assisted by counsel of his trust, to have free legal assistance if he has no sufficient means to pay for it and have the necessary translation into and from a language spoken and understood by it. 4. Once satisfied that there is sufficient evidence to proceed ( "prima facie case") the prosecutor prepares an indictment containing a brief statement of the facts and an indication of the offense or offenses charged to the person accused under the Statute . The indictment is transmitted to a judge of the Trial Chamber 1. Article 19 Review of the indictment 1. The judge of the Trial Chamber 1 to which the indictment and 'was broadcast submit to examination. That court considers that it has been established by the prosecutor whether there is sufficient evidence to proceed ( "prima facie case") confirmed the indictment. Otherwise the act is rejected. 2. Upon confirmation of the indictment the judge may ', at the request of the Prosecutor, issue all stop action, detention, delivery and transfer of people, so' as any other measure, which is necessary for the purposes of judgment. Article 20 Commencement and conduct of the case 1. The rooms of the first degree must ensure that the trial is fair and expeditious and that the proceedings are conducted according to the rules of procedure and evidence relating to, in full respect for the rights and taking into due regard to the protection of victims and witnesses. 2. The person against whom and 'it confirmed the indictment must, in accordance' with an order or an order of arrest of the International Tribunal, be taken into custody, immediately informed of the charges and transferred to the International Tribunal. 3. The Trial Chamber takes note 1 of the indictment, satisfy itself that the accused's rights are respected, by 'act that the defendant understands the indictment and urged him to make his statement. The chamber 1 can thus fix the date of the hearing. 4. The hearings shall be public unless the room 1 degree decides to proceed in camera according to their own rules of procedure and on the evidence. Article 21 Rights of the accused 1. All persons shall be equal before the International Tribunal. 2. For the purpose of establishing the facts attributed to him, the accused is entitled to a fair and public hearing, except as provided in Art. 22 of the Statute. 3. The defendant is guilty according to the provisions of this Statute presumed innocent until 'do not be proven. 4. For the purpose of establishing the facts attributed to him in accordance with this Statute, the accused has entitled to the following minimum guarantees: a) to be informed quickly and in detail, in a language he understands, of the nature and reasons of the high charges against him; b) to have adequate time and facilities for the preparation of his defense and to communicate with counsel of trust; c) to be tried without delay; d) to be tried in his presence, and to defend himself in person or to make use of legal assistance of his own choosing; to be informed, if they do not have legal assistance, of his right to have; to receive legal advice in all cases where the interests of justice so require, and without charge, in each of these cases, where there is no sufficient means to pay for it; e) to interrogate, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses in his defense on the same terms that apply to witnesses for the prosecution; f) to have the free assistance of an interpreter if he can not understand or speak the language used by the International Tribunal; g) not to be compelled to testify against himself or to confess guilt. Article 22 Protection of victims and witnesses In its rules of procedure and evidence relating to the International Tribunal must have for the protection of victims and witnesses. The protection measures shall include, inter alia, the proceedings in chambers and the identity 'protection of the victim. Article 23 Judgment 1. The rooms of 1 degree pronounce judgments, and shall impose penalties against persons found guilty of serious violations of international humanitarian law. 2. The judgment is taken by a majority vote by the judges making up the room by 1 degree and is uttered in public by the same 1-degree room. The decision and 'accompanied by written reasons, to which can be added separate opinions or dissenting. Article 24 Penalties 1. The penalty imposed by the Trial Chamber 1 consists exclusively in detention ( "imprisonment"). In determining the length of the sentence, the rooms can make use of one of the criteria generally followed in the field of prison sentences by the courts of the former Yugoslavia. 2. in imposing the sentences, the rooms of the first degree must take into account such factors as the gravity 'of the offense and the personal circumstances of the offender. 3. In addition to imposing the prison sentence, the first grade rooms can also order the restitution by means of coercive measures, the legitimate owners of the property that may be acquired through a punishable conduct committed. Article 25 Appellate proceedings 1. The Appeals Chamber shall hear appeals brought by persons convicted by 1 degree rooms and those located by the prosecutor for the following reasons: a) errors on points of law, which invalidate the decision; b) errors on questions of fact which have led to a miscarriage of justice; c) the chamber of appeal can 'confirm, annul or alter the decision of the Trial Chamber 1. Article 26 Review process Where it is discovered a new fact, not known at the time of the proceedings before the first Trial Chamber or Appeals Chamber, which could have been the decisive factor for the decision, the convicted person or the Prosecutor may submit the international Tribunal application for revision of the judgment. Article 27 Enforcement of sentences The prison sentence is expiated in the State designated by the International Tribunal on the basis of the list of States which have indicated to the Security Council their willingness' to accept sentenced persons. The detention took place in accordance with the applicable laws of the State concerned, under the supervision of the International Tribunal. Article 28 Grace and commutation of sentences If, according to the applicable laws of the State in which the convicted person, and 'detainee, that person can' enjoy a grace ( "pardon") or commutation of sentence, the State concerned shall be ' communication to the international Tribunal. The President of the International Tribunal, in consultation with the judges decide, taking into account the interests of justice and on the basis of general principles of law. Article 29 Cooperation and judicial assistance 1. States should cooperate with the International Tribunal in the investigation and prosecution of persons accused of having committed serious violations of international humanitarian law. 2. Member States must implement without undue delay to requests for assistance or orders of 1 degree rooms. Such requests or orders include, but are not limited to: a) the identification and the identification 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 delivery or transfer of the accused to the International Tribunal. Article 30 Status, privileges and immunities 'of the International Tribunal 1. The Convention on the Privileges and Immunities' of the United Nations of 13 February 1946 applies 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', the exemptions and facilities accorded to diplomatic representatives, according to international law. 3. The staff of the Prosecutor and the Registrar shall enjoy the privileges and immunities' granted to officials of the United Nations under articles V and VII of the Convention to which reference is made in paragraph 1 of this Article. 4. Other persons, including the accused, which must be present at the seat of the International Tribunal enjoy the treatment that is necessary for the proper functioning of the International Tribunal. Article 31 Seat of the International Tribunal The International Tribunal is based in The Hague. fo on 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 to the Security Council and the General Assembly an annual report on the International Tribunal. RESOLUTION 827 (1993) Adopted by the Security Council at its 3217th meeting, on 25 May 1993 The Security Council, Reaffirming its resolution 713 (1991) of 25 September 1991 and all relevant resolutions Subsequent. Having Considered the report of the Secretary-General (S / 25704 and Add. 1) Pursuant to paragraph 2 of resolution 808 (1993). Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law occurring Within the territory of the former Yugoslavia, and especially in the Repubblic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and systomatic detention and rape of women, and the continuance of the practice of 'ethnic cleansing', including for the acquisition and the holding of territory. Determining That this situation continues to Constitute a threat to international peace and security. Determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them. That convinced in the Particular Circumstances of the former Yugoslavia the establishment as an ad hoc measure by the Council of an international tribunal and the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be Achieved and would contribute to the restoration and maintenance of peace. Believing That the establishment of an international tribunal and the prosecution of persons responsible for the above-mentioned violations of international humanitarian law will contribute to Ensuring That such violations are halted and effectively redressed. Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia for the establishment of such a tribunal (S / 25221). Reaffirming in this regard its decision in resolution 808 (1993) That an international tribunal Shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991. Considering That, pending the appointment of the Prosecutor of the International Tribunal, the commission of Experts established Pursuant to resolution 780 (1992) Should continue on an urgent basis the collection of information Relating to evidence of grave breaches of the Geneva Conventions and other international humanitarian law as violantions of Theproposed in its interim report (S / 25274), Acting under Chapter VII of the Charter of the United Nations, 1. approves the report of the Secretary-General; 2. Decides hereby to Establish an international tribunal for the only purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the restoration of peace and to this end to adopt the Statute of the International Tribunal annexed to the above-mentioned report; 3. Requests the Secretary-General to submit to the judges of the International Tribunal, upon Their election, any suggestions received from States for the rules of procedure and evidence called for in Article 15 of the Statute of the International Tribunal; 4. Decides That All Shall States cooperate fully with the International Tribunal and its organs secondo the present resolution and the Statute of the International Tribunal and That consequently all States Shall take any measures Necessary Under Their domestic law to implement the provisions of the present resolution and the Statute, including the obligation of States to comply with requests for assistance or orders issued by a Trial Chamber under Article 29 of the Statute; 5. Urges States and intergovernmental and non-governmental organizations to contribute funds, equipment and services to the International Tribunal, including the offer of expert personnel; 6. Decides That the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands acceptable to the Council, and That the International Tribunal may sit elsewhere When It considers it Necessary for the efficient exercise of its functions; 7. Decides Also That the work of the International Tribunal Shall be any carried out without prejudice to the right of the victimes to seek, through appropriate means, compensation for damages incurred as a result of violations of international humanitarian law; 8. Requests the Secretary-General to implement urgently the present resolution and in Particular to make practical arrangements for the effective functioning of the International Tribunal at the earliest time and to report periodically to the Council; 9. Decides to remain actively seized of the matter. STATUTE OF THE INTERNATIONAL TRIBUNAL 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 secondo 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 secondo the provisions of the present Statute. Article 2 Grave breaches of 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 12 August 1949, namely the Following acts against persons or property protected under the provisions of the relevant Geneva Convention: (a) willful killing; (B) torture or inhuman treatment, including biological experiments; (C) willfully causing great suffering or serious injury to body or health; (D) extensive destruction and appropriation of property, not Justified by military necessity and any carried out unlawfully and wantonly; (E) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (F) willfully 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. 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. Shall 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 willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, 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 fo 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. Article 5 Crimes against humanity The International Tribunal Shall have the power to prosecute persons responsible for the Following When crimes 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 inhumane acts. Article 6 Personal jurisdiction The International Tribunal Shall have 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 repute 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 know 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 repute 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. 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 1 January 1991. Article 9 Concurrent jurisdiction 1. The International Tribunal and national courts have concurrent jurisdiction to prosecute Shall persons for serious violations of international humanitarian law committed in the territory of the former Yogoslavia since 1 January 1991. 2. The International Tribunal Shall have primacy over national courts. At any stages of the procedure, the International Tribunal may formally request national courts to defer to the competence of the International Tribunal secondo the present Statute and the Rules of Procedures 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 caratterizzata 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. Article 11 Organization of the International Tribunal The International Tribunal Shall consist of the Following organs: (a) The Chambers, comprendendo two Trial Chambers and an Appeals Chamber; (B) The Prosecutor, and (c) A Registry, servicing 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 serves as follows: (a) Shall Three judges serving in each of the Trial Chambers; (B) Shall Five judges serving 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 two Chambers Shall be taken account 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 nominated up to two candidates meeting the qualifications in September 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 two accounts of the adequate representation 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. That list from 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 Concerned office. 4. The judges Shall be Elected for a term of four years. The terms and conditions of service Shall be Those of the judge 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 headmaster over its proceedings. 3. After consultation with the judges of the International Tribunal, the President Shall assign the judges to the Appeals Chamber and to the Trial Chambers. 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. 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 1 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 possess 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. Shall he or she serves 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 18 Investigation and preparation of indictment 1. The Prosecutor Shall initiate investigations ex-officio or on the basis of Information Obtained from any scurce, Particularly from Governments, United Nations organs, intergovernmental and non-governmental organizations. The Prosecutor Shall assess the information received or Obtained and decides 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 counsel 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 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. That satisfied if a prima facie case Has Been established by the Prosecutor, 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 secondo Conducted proceedings are the rules of procedure and evidence, with full respect for the rights of the accused and two regard for the protection of victims and witnesses. 2. A person against whom-an indictment Has Been Shall confirmed, 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 in September the dates for trial. 4. The public hearings Shall be the unless the Trial Chamber decides to close the proceedings secondo its rules of 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 Functional 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 he Understands Which of the nature and cause of the charge against him; (B) to have adequate time and facilities for the preparation of His defense and to communicate with counsel 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 can not understand or speak the language used in the International Tribunal; (G) not to be compelled to testify against himself or to confess guilt. 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 proceedings in the room and the protection of the victim's identity. Article 23 Judgement 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. Shall it be accompanied by a reasoned opinion in writing, to wich 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 offense and the individual Circumstances of the convicted person. 3. Additions 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. 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 indicato to the Security Council Their willingness to accept convicted persons. Such imprisonment Shall be secondo 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 cui 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 the interests of justice and the general principles of law. Article 29 Cooperation and judicial assistance 1. States Shall cooperate 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. Article 30 The status, privileges and immunities of the International Tribunal 1. The Convention on the Privileges and Immunities of the United Nations of 13 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, secondo 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 secondo Article 17 of the Charter of the United Nations. Article 33 Working languages ​​The working languages ​​of the International Tribunal Shall be Inglese and French. Article 34 Annual report The President of the International Tribunal Shall submit an annual report of the International Tribunal to the Security Council and to the General Assembly.

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