In accordance with the provisions of paragraph 2 of the former positive part of United Nations Security Council Resolution 955 (1994) dated 8 November 1994, and prior to the Council of Ministers ' Agreement of 21 December 1994, April 1995, the text of the aforementioned Resolution is published.

RESOLUTION 955 (1994)

Adopted by the Security Council at its 3,453 session, held on November 8, 1994

The Security Council,

Reaffirming all of your previous resolutions on the situation in Rwanda,

Having examined the reports submitted by the Secretary-General in accordance with the provisions of 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 for Rwanda of the United Nations Commission on Human Rights (S/1994/1157, Annex I and Annex II),

Expressed its recognition to the Committee of Experts established in accordance with Resolution 935 (1994) for its work, in particular its 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),

Once again expressing deep concern over reports indicating that genocide and other systematic, widespread and overt violations of international humanitarian law have been committed in Rwanda,

Having determined that this situation continues to constitute a threat to international peace and security,

Determined to end those crimes and take effective action to bring those responsible to justice,

Convinced that, in the particular circumstances of Rwanda, the prosecution of those responsible for serious violations of international humanitarian law would make it possible to achieve this objective and contribute to the process of national reconciliation and the restoration and maintenance of peace,

Estimating that the creation of an International Tribunal for the prosecution of alleged perpetrators of genocide and other aforementioned violations of international humanitarian law will contribute to an end to these crimes. violations and to be effectively repaired,

Highlighting also the need for international cooperation to strengthen Rwanda's courts and judicial system by taking into account, in particular, that these courts will have to judge a large number of suspects,

Whereas the Committee of Experts established under Resolution 935 (1994) of the Security Council should continue to gather as a matter of urgency information on the evidence of serious violations of the law humanitarian international committed in the territory of Rwanda and submit its final report to the Secretary-General by 30 November 1994,

Acting under Chapter VII of the Charter of the United Nations,

1. It hereby decides, having received the request made by the Government of Rwanda (S/1994/1115), to establish an International Tribunal for the sole purpose of prosecuting those responsible for genocide and other serious violations of the law international humanitarian aid committed in the territory of Rwanda and to the citizens of Rwanda responsible for genocide and other violations of that nature committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994 and, to this end, approve the Statute of the International Criminal Tribunal for Rwanda, which appears in the Annex to this resolution;

2. Decides that all States shall cooperate fully with the International Court and with its organs in accordance with this resolution and with the Statute of the International Tribunal and that, accordingly, all States shall take the necessary measures, in accordance with their domestic law, to implement the provisions of this resolution and the Staff Regulations, including the obligation for States to access requests for assistance from the Chambers of First Instance and to comply with the provisions of this Regulation; the orders issued by them in accordance with Article 28 of the Staff Regulations, and asks the States to keep the Secretary-General informed about these measures;

3. Considers that the Government of Rwanda should be notified in advance of the adoption of decisions under Articles 26 and 27 of the

;

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

5. Calls on the Secretary-General to urgently implement this resolution and, in particular, to take practical arrangements as soon as possible for the effective functioning of the International Court, including the formulation of recommendations to the Council on possible sites for the seat of the International Court, and to report regularly to the Council;

6. Decides that the seat of the International Court be determined by the Council on the basis of justice and equity considerations, as well as administrative efficiency, including access to witnesses, and the economy, subject to the formalisation of appropriate arrangements between the United Nations and the State of the seat which are acceptable to the Council, taking into account that the International Court may meet outside its seat where it considers it necessary for the proper performance of its functions; and decides to establish an office in Rwanda and to deal with causes in the country in the cases where this is feasible and appropriate, subject to the consultation of appropriate similar arrangements;

7. Decides to continue to increase, if necessary, the number of judges and Chambers of First Instance of the International Court;

8. It decides to continue actively examining the issue.

ANNEX

Statute of the International Tribunal for Rwanda

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 alleged perpetrators of genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and to Rwandan citizens responsible for genocide and other violations of that nature committed in the territory of neighbouring States between 1 January January 1994 and 31 December 1994 (hereinafter referred to as the 'International Tribunal for Rwanda') shall be governed by the provisions of this Statute.

Article 1. Jurisdiction of the International Tribunal for Rwanda.

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

Article 2. Genocide.

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

2. Genocide shall mean any of the acts listed below, perpetrated with the intention of destroying, in whole or in part, a national, ethnic, racial or religious group as such:

a) Matanza of group members;

b) Serious injuries to the physical or mental integrity of the group members;

(c) intentional submission of the group to living conditions that have to result in physical, total or partial destruction;

d) Imposition of measures to prevent births within the group;

e) Trasside by force of children from the group to another group.

3. The following acts shall be punishable:

a) Genocide;

b) The conspiracy to commit genocide;

c) Direct and public instigation to commit genocide;

d) The attempted genocide;

e) The complicity in the genocide.

Article 3. Crimes against humanity.

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

a) intentional homicide;

b) Extermination;

c) Expense;

d) Deportation;

e) Jailing;

f) Torture;

g) Violation;

h) Persecution for political, racial or religious reasons;

i) Other inhuman acts.

Article 4. Violations of Article 3 common to the Geneva Conventions and the Additional Protocol II of 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 concerning the protection of victims of armed conflict and the Additional Protocol II of the Conventions of 8 June 1977. Such violations shall include the following acts, without the list being exhaustive:

(a) Acts of violence against the life, health and physical or mental well-being of persons, especially homicide and cruel treatment such as torture, mutilation or any other form of corporal punishment;

b) Collective punishments;

c) Taking hostages;

d) Acts of terrorism;

e) The outrages to personal dignity, in particular humiliating or degrading treatment, rape, forced prostitution and any other form of indecent assault;

f) The looting;

g) The approval of sentences and the execution of executions without a prior ruling by a court constituted on a regular basis and which has offered all the judicial guarantees deemed indispensable by the peoples civilised;

h) Threats of perpetrating any of the preceding acts.

Article 5. Personal jurisdiction.

The International Tribunal for Rwanda shall have jurisdiction over natural persons in accordance with the provisions of this Statute.

Article 6. Individual criminal liability.

1. The person who has planned, instigated or ordered the commission of some of the crimes referred to in Articles 2 to 4 of this Statute, or has committed or assisted in any other manner to plan, prepare or execute, shall be individually responsible for that crime.

2. The official position of the defendant, whether from the Head of State or Government or the official responsible for the government, will not exempt him from criminal responsibility or mitigate the penalty.

3. The fact that any of the acts referred to in Articles 2 to 4 of this Statute has been committed by a subordinate shall not exempt his superior from criminal liability if he knew or had reason to know that the subordinate was going to commit such acts or committed them and did not take the necessary and reasonable steps to prevent them from being committed or to punish those who perpetrated them.

4. The fact that the defendant has acted in compliance with an order given by a government or by a superior shall not exempt him from criminal liability, but may be considered a mitigating circumstance if the International Tribunal for Rwanda determines that is what the equity demands.

Article 7. Territorial and temporal jurisdiction.

The territorial jurisdiction of the International Tribunal for Rwanda shall cover the territory of Rwanda, including its land area and airspace, as well as the territory of neighbouring States as regards serious violations of international humanitarian law committed by citizens of Rwanda. The temporary jurisdiction of the International Tribunal for Rwanda shall cover a period from 1 January 1994 to 31 December 1994.

Article 8. Concurrent jurisdiction.

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

2. The International Tribunal for Rwanda shall have precedence over the national courts of all Member States. At any stage of the procedure, the International Tribunal for Rwanda may formally submit to the national courts a request for an injunction under this Statute and with the rules on procedure. and proof of the International Tribunal for Rwanda.

Article 9. Res judicata.

1. No person shall be put on trial in a national court for acts constituting serious violations of international humanitarian law under this Statute for which the International Tribunal has already been judged 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 subsequently be judged by the Tribunal for Rwanda only if:

a) The act by which he was put on trial was considered an ordinary offence; or

b) The view of the cause by the national court was neither impartial nor independent, it was intended to protect the defendant from international criminal liability, or the cause was not dealt with with the necessary diligence.

3. In considering the penalty to be imposed on a person found guilty of a crime under this Statute, the International Tribunal for Rwanda shall take into account the extent to which a penalty imposed by a national court on that person person by the same act had already been fulfilled.

Article 10. Organisation of the International Tribunal for Rwanda.

The International Tribunal for Rwanda shall be constituted by the following bodies:

(a) The Chambers, which shall consist of two Chambers of First Instance and a Appellate Chamber;

b) The Prosecutor; and

c) A Secretariat.

Article 11. Composition of the Chambers.

The Chambers shall be composed of 11 independent magistrates, of which there may not be two who are nationals of the same State, who shall provide their services in the following manner:

a) Three magistrates will serve in each of the Chambers of First Instance;

b) Five magistrates will serve in the Appeals Chamber.

Article 12. Conditions to be met by the magistrates and the election of the magistrates.

1. The magistrates shall be persons of great moral stature, impartiality and integrity who fulfil the conditions required for the exercise of the highest judicial functions in their respective countries. The general composition of the Chambers will take due account of the experience of the magistrates in criminal law, international law, including international humanitarian law, and the right of human rights.

2. The members of the Court of Appeal of the International Tribunal for the prosecution of the alleged perpetrators of serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 (hereinafter referred to as " the International Tribunal for the former Yugoslavia ") will also serve as members of the Appeals Chamber of the International Tribunal for Rwanda.

3. The magistrates of the Chambers of First Instance of the International Tribunal for Rwanda shall be elected by the General Assembly from a list presented by the Security Council in the following form:

(a) The Secretary-General shall invite the Member States of the United Nations and non-member States to maintain permanent missions of observation at the Headquarters of the United Nations to propose candidates for the Chambers of First Instance;

(b) Within 30 days from the date of the Secretary-General's invitation, each State may propose a maximum of two candidates who meet the conditions referred to in paragraph 1, among the which may not have two of the same nationality and none of which may be of the same nationality as any of the magistrates of the Appellate Chamber;

c) The Secretary-General shall send the applications received to the Security Council. On the basis of the applications received, the Security Council will draw up a list of not less than 12 and no more than 18 candidates, ensuring the appropriate representation of the main global legal systems in the International Court for Rwanda;

(d) The President of the Security Council shall send the list of candidates to the President of the General Assembly. On the basis of that list, the General Assembly shall elect the six magistrates of the Chambers of First Instance. Candidates who obtain an absolute majority of the votes of the Member States of the United Nations and of the non-member States which maintain permanent missions of observation at the Headquarters of the United Nations shall be declared elected. In the event that two candidates of the same nationality obtain the required majority vote, they shall be deemed elected to the highest number of votes.

4. When a vacancy occurs in the Chambers of First Instance, the Secretary-General, after consultations with the President of the Security Council and the President of the General Assembly, shall designate a person who meets the conditions to be met. referred to in paragraph 1 for the remainder of the period.

5. The magistrates of the Chambers of First Instance shall be elected for a period of four years. The conditions of service will be those of the judges of the International Tribunal for the former Yugoslavia. The magistados may be re-elected.

Article 13. Presidents and members of the Chambers.

1. The judges of the International Tribunal for Rwanda will elect a president.

2. After consultations with the magistrates of the International Tribunal for Rwanda, the President will assign the magistrates to the Chambers of First Instance. A magistrate shall perform duties only in the Chamber to which he has been assigned.

3. The magistrates of each Chamber of First Instance shall elect a President, who shall direct all the proceedings of that Chamber of First Instance as a whole.

Article 14. Rules on procedure and on evidence.

For the purposes of the proceedings before the International Tribunal for Rwanda, the judges of the International Tribunal for Rwanda shall adopt the rules on procedure and evidence applicable to the preliminary stage of the proceedings, the proper judgment and appeals, the admission of evidence, the protection of victims and witnesses and other relevant matters of the International Tribunal for the former Yugoslavia, with the amendments they deem necessary.

Article 15. The Prosecutor.

1. The Prosecutor will be in charge of the investigation and prosecution of the alleged perpetrators of serious violations of international humanitarian law committed in the territory of Rwanda and to the citizens of Rwanda responsible for violations of the international humanitarian law. the nature of the activities in the territory of neighbouring States between 1 January 1994 and 31 December 1994.

2. The Prosecutor will act independently as a separate organ of the International Tribunal for Rwanda. He will neither seek nor receive instructions from any government, nor 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. He will have additional officials, including an additional Deputy Prosecutor who will provide assistance in the trials before the International Tribunal for Rwanda. These officials shall be appointed by the Secretary-General on the recommendation of the Prosecutor.

Article 16. The Secretariat.

1. The Secretariat shall be responsible for the administration and services of the International Tribunal for Rwanda.

2. The Secretariat shall be composed of a Registrar and other officials who are required.

3. The Secretary-General shall be appointed by the Secretary-General after consulting the President of the International Tribunal for Rwanda. He will serve for a four-year term and may be re-elected. The terms of service of the Secretary shall be those of a Deputy Secretary-General of the United Nations.

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

Article 17. Investigation and preparation of the indictment.

1. The Prosecutor shall initiate investigations on his own initiative or on the basis of information obtained from any source, in particular from governments, United Nations organs, intergovernmental organizations, and non-governmental organizations. The Prosecutor shall evaluate the information received and obtained and decide whether there is sufficient basis for an action.

2. The Prosecutor will be empowered to question suspects, victims and witnesses, gather evidence and conduct investigations at the scene. In order to carry out these tasks, the Prosecutor may, as appropriate, request assistance from the relevant State authorities.

3. If the suspect is questioned, the suspect will have the right to be assisted by a defender of his choice, and to be assigned a defender at no cost to him, if he lacks sufficient means to pay for his services, as well as the right to have the translation necessary to the language he speaks and understands.

4. If it is determined that there are sufficient indications of criminality, the Prosecutor will prepare the indictment, which will contain a brief and precise statement of the facts or the crime or crimes that the defendant is accused of under the Statute. The indictment will be transmitted to a magistrate of the First Instance Room.

Article 18. Examination of the charge.

1. The magistrate of the Chamber of First Instance to whom the charge has been transmitted shall examine it. If he determines that the Prosecutor has effectively established that there are sufficient indications of criminality, he will confirm the procedure. Otherwise, there will be no place for him.

2. Upon confirmation of the proceedings, the magistrate may, at the request of the Prosecutor, issue the orders and orders necessary for the arrest, detention, delivery or referral of persons, and any other resolutions which may be necessary for the purpose of the handling of the trial.

Article 19. Initiation and prosecution of the trial.

1. The Chamber of First Instance shall ensure that the proceedings are fair and expeditious and that the judgment is processed in accordance with the rules on protenement and evidence, with full respect for the rights of the accused and with due regard to the protection of victims and witnesses.

2. The person against whom a prosecution has been confirmed shall be detained under an order or order of arrest of the International Tribunal for Rwanda, immediately informed of the charges against him and referred to the Tribunal. International for Rwanda.

3. The Chamber of First Instance shall read the indictment, make sure that the rights of the accused are respected, confirm that the defendant understands the charge and give instructions to the defendant to answer the charge. The Chamber of First Instance will then set the date for the trial.

4. The hearings shall be public unless the Chamber of First Instance decides otherwise in accordance with its rules on procedure and evidence.

Article 20. Rights of the defendant.

1. All people will be equal before the International Tribunal for Rwanda.

2. The defendant, in the substantiation of the charges against him, shall have the right to be heard publicly and with due guarantees, subject to the provisions of Article 21 of the Staff Regulations.

3. The innocence of the accused shall be presumed as long as his guilt is not proven in accordance with the provisions of this Statute.

4. The defendant, in the substantiation of any charge attributed to him under this Statute, shall be entitled, in full equality, to the following minimum guarantees:

a) To be informed without delay, in a language that understands and in detail, of the nature and causes of the charges against you;

b) To have adequate time and means for the preparation of their defence and to communicate with an advocate of their choice;

c) To be judged without undue delay;

d) To be present in the process and to defend himself personally or to be assisted by a defender of his choice; to be informed, if he has no defender, of the right to have him; and, provided that the interest of justice so requires, to be given an official name, free of charge, if it does not have sufficient means to pay for it;

e) To interrogate or interrogate the witnesses of charge and to obtain the appearance of the witnesses of discharge and to be interrogated under the same conditions as the witnesses of charge;

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

g) Not to be forced to testify against himself or to confess guilty.

Article 21. Protection of victims and witnesses.

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

Article 22. Failure.

1. The Chambers of First Instance will dictate rulings and impose sentences and sentences on people convicted of serious violations of international humanitarian law.

2. The ruling shall be delivered by the majority of the magistrates who make up the Chamber of First Instance and shall act in public. It shall be written and reasoned and may be added to separate opinions or dissenters.

Article 23. Penalties.

1. The Chamber of First Instance may only impose penalties of deprivation of liberty. In order to determine the conditions under which they are to be complied with, the Chambers of First Instance shall use the general practice of the courts in Rwanda concerning prison sentences.

2. When imposing penalties, the Chambers of First Instance shall take into account factors such as the seriousness of the offence and the personal circumstances of the sentenced person.

3. In addition to imposing penalties of deprivation of liberty, the Chambers of First Instance may order the return to the legitimate owners of the goods and income acquired by criminal means, including coercion.

Article 24. Appeal.

1. The Appellate Court will hear from appeals appeals brought by the persons convicted by the Chambers of First Instance or the Prosecutor for the following reasons:

a) An error about a law issue that invalidates the decision; or

b) An error of fact that has prevented justice from being done.

2. The Board of Appeal may confirm, revoke or amend the decisions taken by the Chambers of First Instance.

Article 25. Review.

In case a new fact is discovered that was not known during the hearing of the case in the Chambers of First Instance or the Appellate Chamber and could have had a decisive influence on the judgment, the The International Tribunal for Rwanda will be able to submit a request for a review of the ruling.

Article 26. Execution of the sentences.

The imprisonment sentences shall be served in Rwanda or in any of the States designated by the International Tribunal for Rwanda from a list of States that have indicated to the Security Council that they are prepared to accept the condemned. Imprisonment shall be carried out in accordance with the applicable law of the State concerned and shall be subject to the supervision of the International Tribunal for Rwanda.

Article 27. Pardon or commutation of the penalty.

If in accordance with the applicable law of the State in which the sentenced person is serving the sentence of imprisonment, he has the right to request a pardon or the commutation of the sentence, that State shall notify the International Tribunal for Rwanda. There can be no pardon or commutation of the penalty if, after consulting the magistrates, the President of the International Tribunal for Rwanda so decides based on the interests of justice and the general principles of law.

Article 28. Cooperation and mutual 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. A Member State shall, without delay, take any request for assistance from a Chamber of First Instance or shall comply with any judgment given by the Chamber in relation to, inter alia:

a) Identifying and locating people;

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

c) Document processing;

d) Stopping people;

e) The surrender or transfer of the accused to make them available to the International Tribunal for Rwanda.

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

1. The United Nations Convention on the Prerogatives and Immunities of 13 February 1946 shall apply to the International Tribunal for Rwanda, the Judges, the Prosecutor and its officials and the Registrar and the officials of the Secretariat of the Court.

2. The magistrates, the Prosecutor and their officials and the Registrar shall enjoy the prerogatives and immunities, exemptions and facilities granted to the diplomatic envoys in accordance with international law.

3. Officials of the Prosecutor's Office and the Secretariat of the International Tribunal for Rwanda shall enjoy the prerogatives and immunities granted to United Nations officials in accordance with Articles V and VII of the Convention. referred to in paragraph 1 of this Article.

4. The other persons, including the accused persons, who must be present at the headquarters or the place of meeting of the International Tribunal for Rwanda shall be exempt from the treatment necessary to enable them to perform their duties properly.

Article 30 Expenditure of the International Tribunal for Rwanda.

The expenses of the International Tribunal for Rwanda shall be incurred by 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 will be French and English.

Article 32. Annual report.

The President of the International Tribunal for Rwanda will present 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. -Technical Secretary General Antonio Bellver Manrique.