Resolution Of 10 May 1995, Of The General Technical Secretariat, Which Is Published The Resolution 955 (1994), Of 8 November 1994, The Security Council Of The United Nations, Which Creates An International Tribunal For En...

Original Language Title: Resolución de 10 de mayo de 1995, de la Secretaría General Técnica, por la que se publica la Resolución 955 (1994), de 8 de noviembre de 1994, del Consejo de Seguridad de las Naciones Unidas, por la que se crea un Tribunal Internacional para el en...

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In accordance with the provisions of paragraph 2 of the descriptive part of the resolution 955 (1994) of the United Nations Security Council, to date on November 8, 1994, and prior agreement of the Council of Ministers of 21 April 1995, then published the text of the aforementioned resolution.


RESOLUTION 955 (1994) adopted by the Security Council at its 3.453. th meeting, held on 8 November 1994 the Security Council, reaffirming all its resolutions on the situation in Rwanda earlier, having considered the reports submitted by the Secretary-General pursuant to paragraph 3 of resolution 935 (1994) of 1 July 1994 (S/1994/879 and S/1994/906) , and having taken note of the reports of the Special Rapporteur on Rwanda of the Commission of human rights of the United Nations (S/1994/1157, annex I and annex II), expressed its appreciation to the Committee of experts established in accordance with the resolution 935 (1994) for his work, in particular for his preliminary report on violations of international humanitarian law in Rwanda transmitted by the letter of the Secretary-General of 1 October 1994 (S/1994/1125), expressing once again its deep concern by reports indicating that they had been committed in Rwanda genocide and other systematic, widespread and gross violations of international humanitarian law, having determined that this situation remains a threat to international peace and security Decided to put an end to such crimes and to take effective measures to bring to justice those responsible, convinced that, in the particular circumstances of Rwanda, the prosecution of those responsible for serious violations of international humanitarian law would achieve this goal and would contribute to the process of national reconciliation and to the restoration and maintenance of peace Believing that the creation of an International Tribunal for the prosecution of persons responsible for genocide and other above-mentioned violations of international humanitarian law will contribute to put an end to these violations and to service effectively, stressing also the need for international cooperation to strengthen the courts and judicial system of Rwanda bearing in mind in particular, that these courts will be judged to a large number of suspects, considering that the Commission of experts established pursuant to Security Council resolution 935 (1994) should continue to meet urgent information concerning the evidence of serious violations of international humanitarian law committed in the territory of Rwanda and submit its final report to the Secretary-General by 30 November 1994 , Acting pursuant to Chapter VII of the Charter of the United Nations, 1. Decides hereby, having received the request of the Government of Rwanda (S/1994/1115), to establish an International Tribunal with the sole purpose of prosecuting those 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 committed in the territory of neighbouring States between 1 January 1994 and 31 December of 1994 and, to this end, it adopted the Statute of the International Criminal Tribunal for Rwanda as contained in the annex to the present resolution;


2. Decides that all States shall cooperate fully with the International Tribunal and its organs in accordance with the present resolution and the Statute of the International Tribunal and that consequently all States shall take necessary measures, pursuant to its domestic law, to apply the provisions of the present resolution and the Statute, including the obligation of States to accede to the requests for assistance from the trial chambers and comply with the orders issued by them pursuant to article 28 of the Statute, and calls upon States to keep informed the Secretary-General about these measures;


3 it is considered that the Government of Rwanda should be notified in advance of the adoption of decisions pursuant to articles 26 and 27 of the Statute;


4. Urges States and intergovernmental and non-governmental organizations to contribute funds, equipment and services to the International Tribunal, including the services of experts;


5. Requests the Secretary-General to put into practice urgently the present resolution and, in particular, to take as soon as possible practical arrangements for the effective functioning of the International Tribunal, including the formulation of recommendations to the Council on possible locations for the seat of the International Tribunal, and to report periodically to the Council;


6. Decides that the seat of the International Tribunal is determined by the Council according to considerations of Justice and fairness as well as administrative efficiency, including access to witnesses, and economy, subject to the formalization of provisions appropriate between the United Nations and the State of headquarters that are acceptable to the Council, taking into account that the International Tribunal could meet outside its headquarters when it considers it necessary for the performance of its functions; and decided to establish an office in Rwanda and dealing with cases in the country in cases in which this is feasible and appropriate, subject to the conclusion of similar appropriate arrangements;


7. Decides to continue to increase, if necessary, the number of judges and trial chambers of the Tribunal international;


8. Decides to continue consideration of the matter actively.


Annex Statute of the International Tribunal for Rwanda after having been established by the Security Council pursuant to 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 to citizens of Rwanda responsible for genocide and other such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994 (in later "the International Tribunal for Rwanda") shall be governed by the provisions of the present Statute.


Article 1. Competence of the International Tribunal for Rwanda.


The International Tribunal for Rwanda shall have jurisdiction to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and citizens of Rwanda responsible for such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994, in accordance with the provisions of the present Statute.


Article 2. Genocide.


1. the International Tribunal for Rwanda shall have jurisdiction to prosecute persons who commit acts of genocide defined in paragraph 2 of this article or any of the other acts enumerated in paragraph 3 of this article.


2 genocide means any of the acts listed below, committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group as such: to) killing members of the Group;


(b) serious injury to the physical or mental integrity of the members of the Group;


(c) deliberately inflicting on the group conditions of life that are calculated to bring about its physical destruction, total or partial;


(d) imposing measures intended to prevent births within the Group;


(e) transfer by the strength of the children of the group to another group.


3 the following acts shall be punishable: to) genocide;


(b) conspiracy to commit genocide;


(c) direct and public incitement to commit genocide;


(d) the attempt of genocide;


(e) complicity in genocide.


Article 3. Crimes against humanity.


The International Tribunal for Rwanda shall have jurisdiction to prosecute the alleged perpetrators of the crimes listed below, when they have been committed as part of a widespread or systematic attack against the civilian population for reasons of nationality or political, ethnic, racial or religious grounds: a) wilful killing;


(b) extermination;


(c) slavery;


(d) deportation;


(e) imprisonment;


(f) torture;


(g) rape;


(h) persecution on political, racial or religious grounds;


(i) other inhumane acts.


Article 4. Violations of article 3 common to the Geneva Conventions and of additional Protocol II to the conventions.


The International Tribunal for Rwanda shall have jurisdiction to prosecute persons who commit or order the Commission of serious violations of article 3 common to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of armed conflicts and of additional Protocol II to the conventions, of 8 June 1977. Such violations shall include the following acts, without being exhaustive list: to) acts of violence against the life, health and physical or mental well-being of persons, especially murder and cruel treatment such as torture, mutilation or any form of corporal punishment;


b) collective punishments;


(c) the taking of hostages;


(d) acts of terrorism;


(e) outrages upon personal dignity, in particular humiliating or degrading treatment, rape, enforced prostitution and any form of indecent assault; specific


f) pillage;
(g) the approval of sentences and carrying out executions without a previous judgment pronounced by a constituted court regularly and that it has offered all judicial guarantees considered indispensable by civilized peoples;


(h) the threat of perpetration of any of the preceding acts.


Article 5. Personal jurisdiction.


The International Tribunal for Rwanda ejecera jurisdiction over natural persons pursuant to this Statute.


Article 6. Individual criminal responsibility.


1. the person who has planned, instigated or ordered the Commission of some of the crimes referred to in articles 2 to 4 of the present Statute, or has committed it or have helped in any other way to plan for it, prepare it or ejecutario, will be individually responsible for the crime.


2. the official position that the accused, to play either head of State or Government or responsible government official, shall not relieve him of criminal responsibility or Dim the penalty.


3. the fact that any of the acts referred to in articles 2 to 4 of the present Statute was committed by a subordinate will not release from criminal responsibility to his superior if it knew or had reason to know that the subordinate was about to commit such acts or had committed them and did not take necessary and reasonable measures to prevent that were committed or to punish to perpetrators.


4. the fact that the accused has acted pursuant to an order given by a Government or a superior shall not relieve him of criminal responsibility, but may be considered extenuating circumstances if the International Tribunal for Rwanda determines that fairness requires it.


Article 7. Territorial and temporal jurisdiction.


The territorial of the International Tribunal for Rwanda jurisdiction will cover the territory of Rwanda including its land surface and airspace as well as the territory of neighbouring States insofar as it relates to serious violations of international humanitarian law committed by Rwandan citizens. The temporal jurisdiction of the International Tribunal for Rwanda shall cover a period between 1 January 1994 and 31 December 1994.


Article 8. Concurrent jurisdiction.


1. the International Tribunal for Rwanda and national courts shall have concurrent jurisdiction to prosecute persons who have committed serious violations of international humanitarian law in the territory of Rwanda and Rwandan citizens for such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994.


2. the International Tribunal for Rwanda shall have primacy with respect to the national courts of all the Member States. At any stage of the procedure, the International Tribunal for Rwanda may petition officially to national courts of inhibitory of jurisdiction in accordance with this Statute and the rules of procedure and evidence of the International Tribunal for Rwanda.


Article 9. Judicata.


1. no person shall be subject to trial in a national court for acts constituting serious violations of international humanitarian law in accordance with this Statute with respect to which 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 tried later by the Tribunal for Rwanda only if: to) the Act which subjected it to trial was considered ordinary crime; or (b) the hearing by the national court was not impartial or independent, was designed to protect the accused from international criminal responsibility, or the cause is not transacted with the necessary diligence.


3. in considering the penalty that should be imposed on a person convicted of a crime under the present Statute, the International Tribunal for Rwanda shall take into account the extent in which a penalty imposed by a national court to the same person for the same Act had already been fulfilled.


Article 10. Organization of the International Tribunal for Rwanda.


The International Tribunal for Rwanda shall consist of the following organs: to) the rooms, which will consist of two Trial Chambers and an Appeals Chamber;


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


Article 11. Composition of the boards.


The rooms will be integrated by 11 judges independent, of which there cannot be two who are nationals of the same State, who shall render its services in the following manner: to) three judges shall serve in each of the trial chambers;


(b) five judges shall serve in the Appeals Chamber.


Article 12. Conditions that must meet the judges and election of the judges.


1. the judges shall be persons of great moral stature, impartiality and integrity who possess the qualifications required for the exercise of the highest judicial offices in their respective countries. In composition classrooms general is duly taken into account 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 humanitarian law committed in the territory of the former Yugoslavia since 1991 (in later "the International Tribunal for the former Yugoslavia") will also be members of the Appeals Chamber of the International Tribunal for Rwanda.


3 the judges of the trial chambers of the Tribunal international for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner: to) the Secretary-General invited States members of the United Nations and the States non-members which maintain permanent observer missions at the United Nations Headquarters to propose candidates for judges of the trial chambers;


(b) within the period of thirty days from the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications is referred to in paragraph 1, between which there can be no two of the same nationality and neither of whom can be of the same nationality as any judge on the Appeals Chamber;


(c) the Secretary-General will send nominations received to the Security Council. From the nominations received, the Security Council will produce a list of not less than 12 and no more than 18 candidates, ensuring the adequate representation of the principal legal systems worldwide in the International Tribunal for Rwanda;


d) the President of the Security Council will send the list of candidates to the President of the General Assembly. Based on that list, the General Assembly will elect six judges of the trial chambers. Candidates who obtain an absolute majority of the votes of States members of the United Nations and States not members which maintain permanent observer missions at United Nations Headquarters shall be declared elected. In the event that two candidates of the same nationality obtain the required majority vote, elect to which get the highest number of votes shall be considered.


4. when there is a vacancy in the trial chambers, the Secretary-General, following consultations with the President of the Council of safety and the President of the General Assembly, it shall appoint a person who meets the requirements is referred to in paragraph 1 for that play the position for the remainder of the period.


5. the judges of the trial chambers shall be elected for a period of four years. The conditions of service shall be those of the judges of the International Tribunal for the former Yugoslavia. The magistados shall be eligible for re-election.


Article 13. Presidents and members of the boards.


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 assigned judges to the trial chambers. A magistrate will serve only in the Chamber to which is assigned.


3. the judges of each Trial Chamber shall elect a President, who will conduct all proceedings of that trial Chamber as a whole.


Article 14. Rules of procedure and evidence.


For the purposes of the proceedings before the International Tribunal for Rwanda, the judges of the International Tribunal for Rwanda shall adopt rules of procedure and evidence applicable to the preliminary stage of the process, the trial itself 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 the modifications that 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 citizens of Rwanda responsible for such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994.
2. the Prosecutor shall act independently as organ separate from the International Tribunal for Rwanda. Not seek or receive instructions from any Government or from any other source.


3. the Prosecutor of the International Tribunal for the former Yugoslavia will also be the Prosecutor of the International Tribunal for Rwanda. There will be additional staff, including an additional Deputy Prosecutor, which assist in the proceedings brought before the International Tribunal for Rwanda. Such officials shall be appointed by the Secretary-General on the recommendation of the Prosecutor.


Article 16. The Secretariat.


1. the secretariat will be in charge of the Administration and services of the International Tribunal for Rwanda.


2. the Secretariat shall be constituted by a Secretary and other officials that may be required.


3. the Secretary shall be appointed by the Secretary-General after consultation with the President of the International Tribunal for Rwanda. Play the position for a period of four years and may be re-elected. The conditions of service of the Registrar shall be those of a Undersecretary of the United Nations.


4. the officials of the Secretariat shall be appointed by the Secretary-General on the recommendation of the Secretary-General.


Article 17. Research and preparation of the indictment.


1. the Prosecutor will initiate investigations ex officio or on the basis of the information that has been obtained from any source, particularly from Governments, United Nations bodies, intergovernmental organizations and non-governmental organizations. The Prosecutor shall evaluate the information received and obtained and decide if there is sufficient basis to initiate an action.


2. the Prosecutor shall be entitled to question suspects, victims and witnesses, collect evidence and conduct investigations at the scene. To carry out these tasks, the Prosecutor may, as appropriate, assistance to the relevant State authorities.


3. If the suspect is interrogated, it shall have the right to be assisted by counsel of his choosing, and that given a defender without cost for it, if you play media sufficient to pay for their services, as well as right to the necessary translation that speaks and understands.


4 if it is determined that there is sufficient crime evidence, the Prosecutor shall prepare the Act of indictment, which will contain a brief and accurate exposure of the facts or of the crime or crimes that are charged to the accused under the Statute. The indictment will be transmitted to a judge of the trial Chamber.


Article 18. Examination of the accusation.


1. the judge of the trial Chamber that the indictment has been transmitted shall review it. If it determines that the Prosecutor has established actually that there is sufficient crime evidence, it will confirm the procedure. Otherwise, there will be no place to him.


2. to confirm the procedure, the judge may, at the request of the Prosecutor, issue cars and the necessary orders for the arrest, detention, delivery or the referral of persons, and any other resolutions which may be necessary for the handling of the trial.


Article 19. Initiation and processing of judgment.


1. the trial Chamber shall ensure that the process is fair and expeditious and that judgment be treated in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and with the consideration due to the protection of victims and witnesses.


2. the person against which prosecution has been confirmed will be detained under a car or an arrest warrant of the International Tribunal for Rwanda, immediately informed of the charges that are against him and forwarded to the International Tribunal for Rwanda.


3. the trial Chamber will read the accusation, shall ensure that the rights of the accused are respected, confirm that the accused understands the indictment, and will instruct the defendant to answer to the charge. Then, the trial Chamber shall set the date for trial.


4. the hearings shall be public unless the trial Chamber decides otherwise 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.


2. the defendant, in the substantiation of the charges which he is charged, shall be entitled to be heard publicly and with due guarantees, subject to the provisions of article 21 of the Statute.


3 the innocence of the accused. it shall be presumed until proven guilty in accordance with the provisions of the present Statute.


4 the accused in the conduct of any charges that imputing you according to this Statute, it shall be entitled, in conditions of full equality, to the following minimum guarantees: a) to be informed promptly, in a language he understands and in detail, of the nature and cause of the charges that are against him;


b) to adequate time and adequate means for the preparation of his defence and to communicate with counsel of his choice;


(c) to be tried without undue delay;


d) to be present in the process and to defend himself in person or to be assisted by counsel of his choice; to be informed, if he does not have a defender of law which assists him to have it; and, whenever the interests of justice so requires, to appoint you Defender by trade, free of charge, if it lacked means to pay for it;


e) to interrogate or have examined witnesses charge and to obtain the appearance of witnesses and that they be questioned under the same conditions as witnesses against;


f) to be assisted free of charge by an interpreter if you do not understand or does not speak the language used in the International Tribunal for Rwanda;


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


Article 21. Protection of victims and witnesses.


The International Tribunal for Rwanda shall adopt provisions, in their rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include the celebration of the view behind closed doors and the protection of the identity of the victim.


Article 22. Failure.


1. the trial chambers will give decisions and impose sentences and penalties for persons convicted of serious violations of international humanitarian law.


2. the judgment will be delivered by a majority of the judges comprising the Chamber of first instance and shall take a decision in public. It must be in writing and be motivated and you can add separate or dissenting opinions.


Article 23. Penalties.


1. the trial Chamber may only impose penalties of deprivation of liberty. To determine the conditions that are to be fulfilled, the trial chambers shall have recourse to the general practice of the courts of Rwanda regarding prison sentences.


2. in imposing the sentences, the trial chambers should take into account factors such as the seriousness of the crime and the individual circumstances of the convicted person.


3. in addition to impose penalties of deprivation of liberty, the trial chambers may order the return the legitimate owners of assets and income acquired by criminal means, including coercion.


Article 24. Appeal.


1 the Chamber of appeals will know of appeals filed persons convicted by the trial chambers or the Prosecutor on the following grounds: a) an error on a question of law that invalidated the decision; or (b) an error of fact which has prevented justice.


2. the Appeals Chamber may confirm, revoke or modify the decisions taken by the trial chambers.


Article 25. Review.


You discover something new that there was no knowledge during the hearing of the cause in the trial chambers or the Appeals Chamber and that would have been able to influence decisively in the ruling, the convicted person or the Prosecutor may submit a request for review of the judgement to the International Tribunal for Rwanda.


Article 26. Enforcement of judgments.


Sentences of imprisonment shall be fulfilled in Rwanda or any State designated by the International Tribunal for Rwanda from a list of States which have indicated to the Security Council their willingness to accept convicted persons. Incarceration will be carried out in accordance with the applicable legislation of the State concerned and shall be subject to the supervision of the International Tribunal for Rwanda.


Article 27. Pardon or commutation of sentence.


If in accordance with the applicable legislation of the State in which the convicted person is serving imprisonment, is entitled to apply for a pardon or commutation of the penalty, that State shall notify the International Tribunal for Rwanda. Shall only be pardon or commutation of sentence if, after consultation with the judges, so as well the President of the International Tribunal for Rwanda based on the interests of Justice and the General principles of law.


Article 28. Cooperation and judicial assistance.


1. States shall cooperate with the International Tribunal for Rwanda in the investigation and prosecution of persons accused of having committed serious violations of international humanitarian law.


2 States will attend promptly to any request for assistance from a trial Chamber or shall comply with any judgment, in relation to, inter alia: to) the identification and location of persons;


(b) the provisions of witnesses and presentation of evidence;


(c) the processing of documents;
(d) the detention of persons;


(e) the delivery or transfer of the accused to put them at the disposal of the International Tribunal for Rwanda.


Article 29. Character, privileges and immunities of the International Tribunal for Rwanda.


1. the Convention on the privileges and immunities of the United Nations of 13 February 1946, shall apply to the International Tribunal for Rwanda, the judges, the Prosecutor and his staff and Secretary and officers of the registry of the Tribunal.


2. the judges, the Prosecutor and their officials and Secretary shall enjoy the privileges and immunities, exemptions and facilities granted to diplomats sent in accordance with international law.


3. the officials of the Prosecutor's Office and the Secretariat of the International Tribunal for Rwanda shall enjoy the privileges and immunities granted to officials of the United Nations under articles V and VII of the Convention referred to in paragraph 1 of this article.


4. will dispense it to others, including defendants, who required treatment must be present in the headquarters or the meeting place of the International Tribunal for Rwanda so that it can properly carry out their functions.


Article 30 expenses of the International Tribunal for Rwanda.


The expenses of the International Tribunal for Rwanda shall be expenses of the Organization in accordance with article 17 of the Charter of the United Nations.


Article 31. Working languages.


The working languages of the International Tribunal for Rwanda shall be French and English.


Article 32. Annual report.


The President of the International Tribunal for Rwanda shall submit an annual report of the Tribunal to the Security Council and the General Assembly.


What is made public for general knowledge.


Madrid, may 10, 1995.-the Secretary general technician, Antonio Bellver Manrique.

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