Key Benefits:
In accordance with the provisions of paragraph 4 of Resolution 827 (1993) of the United Nations Security Council of 25 May 1993, and after the Council of Ministers ' Agreement of 15 October 1993, it is published the text of the aforementioned resolution and its document annexed, for the purposes of its incorporation into the Spanish legal order.
RESOLUTION 827 (1993)
Approved by the Security Council in its 3217. Session, held on May 25 or 1993
The Security Council,
Reaffirming its Resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,
Having examined the report submitted by the Secretary-General (S/25704 and Add.1) in accordance with paragraph 2 of resolution 808 (1993),
Once again expressing its deep alarm at the continuing reports of widespread and flagrant violations of international humanitarian law taking place in the territory of the former Yugoslavia, and especially in the Republic of Yugoslavia. of Bosnia and Herzegovina, including reports of mass killings, arrests and violations of mass, organized and systematic women, and the continuation of the practice of "ethnic cleansing", including for acquisition and retention of territory,
Determining that this situation continues to pose a threat to international peace and security,
Resolved to end such crimes and take effective action to bring those responsible to justice,
Convinced that, in the particular circumstances that reign in the former Yugoslavia, the creation by the Council of an International Tribunal, as an ad hoc measure, and the prosecution of the alleged perpetrators of serious violations International humanitarian law would make it possible to achieve this goal and contribute to the restoration and maintenance of peace,
Estimating that the establishment of an International Tribunal and the prosecution of the alleged perpetrators of the aforementioned violations of international humanitarian law will contribute to ensuring an end to the such violations and are effectively remedied,
Taking note of the recommendation of the Co-Chairs of the Steering Committee of the International Conference on the Former Yugoslavia for the Establishment of a Court of Justice (S/25221),
Reaffirming in that sense the decision it took in Resolution 808 (1993) to establish an International Tribunal for the prosecution of alleged perpetrators of serious violations of international law humanitarian committed in the territory of the former Yugoslavia since 1991,
Whereas, pending the appointment of the Prosecutor of the International Court, the Committee of Experts, established in compliance with Resolution 780 (1992), must continue to gather as a matter of urgency the information relating to evidence of serious violations of the Geneva Conventions and other violations of international humanitarian law in the form proposed in its interim report (S/25274),
Acting in accordance with Chapter VII of the Charter of the United Nations,
1. Approves the Secretary-General's report;
2. It decided to establish an International Court of Justice with the sole purpose of prosecuting those alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and 1 January 1991. the date of the restoration of peace by the Security Council and, to that end, the adoption of the Statute of the International Tribunal annexed to the abovementioned report;
3. Calls on the Secretary-General to present to the magistrates of the International Court, as soon as his election has taken place, the suggestions received from the States concerning the rules on procedure and on evidence to which he refers Article 15 of the Statute of the International Court; 4. Decides that all States shall cooperate fully with the International Court and its organs in accordance with this Resolution and the Statute of the International Tribunal and that, accordingly, all States shall adopt the measures necessary in accordance with their domestic law to implement the provisions of this Resolution and the Statute, including the obligation of States to access requests for assistance and to comply with the resolutions of a First Chamber Instance in accordance with Article 29 of the Staff Regulations;
5. Urges States and intergovernmental and non-governmental organizations to contribute funds, equipment and services to the International Court, including the provision of experts;
6. Decides that the establishment of the seat of the International Tribunal will be subject to appropriate arrangements, acceptable to the Council, between the United Nations and the Netherlands, and that the International Court may meet in other places when the
consider it necessary for the effective performance of your functions;
7. Decides also that the work of the International Tribunal will be carried out without prejudice to the right of victims to claim, by appropriate means, reparation for damages suffered as a result of violation of international humanitarian law;
8. Calls on the Secretary-General to implement this Resolution as a matter of urgency and, in particular, to adopt practical arrangements for the effective functioning of the International Court and report regularly to the Council;
9. It decides to continue actively examining the issue.
What is made public for general knowledge.
Madrid, October 19, 1993. -Technical Secretary General, Antonio Bellver Manrique.
ATTACHED
Statute of the International Court
Having been established by the Security Council pursuant to the provisions of Chapter VII of the Charter of the United Nations, the International Tribunal for the prosecution of alleged perpetrators of violations Serious international humanitarian law committed in the territory of the former Yugoslavia from 1991 onwards (hereinafter
ARTICLE 1
International Court Competition
The International Court will have jurisdiction to prosecute those alleged to be responsible for serious violations of international humanitarian law committed in the territory of the former Yuyoslavia since 1991 in accordance with the provisions of the International Criminal Law. provided for in this Statute.
ARTICLE 2
Grave violations of the Geneva Conventions of 1949
The International Court will have jurisdiction to prosecute persons who commit or order the commission of serious violations of the Geneva Conventions of 12 August 1949, namely the following acts against persons or goods protected by the provisions of the applicable Geneva Convention:
a) International homicide;
b) Torture or inhuman treatment, including biological experiments;
(c) Deliberate acts causing great suffering or serious damage to physical integrity or health;
d) Destruction or appropriation of goods not justified by military needs and carried out on a large scale and in an illicit and arbitrary manner;
e) Use of coercion to force a prisoner of war or a civilian to provide services in the armed forces of an enemy power;
f) Deliberate deprivation of a prisoner of war or a civilian of his right to a fair trial and with due guarantees;
g) Deportation, wrongful removal or imprisonment of a civilian;
h) Taking civilians hostage.
ARTICLE 3
Violation of laws or uses of war
The International Court will have jurisdiction to prosecute people who violate laws or uses of war. Such violations shall include the following, without the list being exhaustive:
(a) The use of toxic weapons or other weapons to cause unnecessary suffering;
b) The arbitrary destruction of cities, towns or villages, or their devastation not justified by military needs;
c) Attacks or bombings, by any means, of villages, villages, homes or defenseless buildings;
d) The approval or destruction of institutions devoted to religious worship, beneficence and education or to the arts and sciences, historical monuments or works of art and science, or the deliberate damage to them;
e) The pillage of public or private goods.
ARTICLE 4
Genocide
1. The International Court 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 total or partial physical 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 5
Crimes against humanity
The International Court will have jurisdiction to prosecute the alleged perpetrators of the crimes referred to below, when they have been committed against the civilian population during an armed conflict, internal or international:
a) Murder;
b) Extermination;
c) Slavery;
d) Deportation;
e) Jailing;
f) Torture;
g) Violation;
h) Persecution for political, racial or religious reasons;
i) Other inhuman acts.
ARTICLE 6
The International Court shall exercise jurisdiction over natural persons in accordance with the provisions of this Statute.
ARTICLE 7
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 5 of this Statute, or has committed or assisted in any other way to plan, prepare or execute it, 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 5 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 Court finds that demands equity.
ARTICLE 8
Territorial and temporary jurisdiction
The territorial jurisdiction of the International Tribunal shall cover the territory of the former Socialist Federal Republic of Yugoslavia, including its land area, airspace and territorial waters. The temporary jurisdiction of the International Court shall cover a period beginning on 1 January 1991.
ARTICLE 9
Concurrent Jurisdiction
1. The International Court and the national courts shall have concurrent jurisdiction to prosecute persons who have committed serious violations of international humanitarian law in the territory of the former Yugoslavia as of 1 January of 1991.
2. The International Court will take precedence over the national courts. At any stage of the proceedings, the International Court may formally request the national courts to agree to the jurisdiction of the International Court in accordance with this Statute and with the rules on procedure and proof of the International Court.
ARTICLE 10
res judged
1. No person shall be subject to trial in a national court for acts constituting serious violations of international humanitarian law under this Statute, for which the International Court has already tried.
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 Court only if:
a) The act by which he was put on trial was considered an ordinary offence; or
b) The view of the case 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 Court shall take into account the extent to which a penalty imposed by a national court on the same person by the the same act had already been accomplished.
ARTICLE 11
Organization of the International Tribunal
The International Court 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, which will provide services to the Chambers and the Prosecutor.
ARTICLE 12
Composition of the Rooms
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 shall provide services in each of the Chambers of First Instance;
b) Five Magistrates will serve in the Appeals Chamber.
ARTICLE 13
Conditions to be met by the Magistrates and the Magistrates ' Choice
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 human rights law.
2. The Judges of the International Tribunal shall be elected by the General Assembly from a list presented by the Security Council, as follows:
(a) The Secretary-General shall invite the Member States of the United Nations and non-member States to maintain permanent observation missions at the United Nations headquarters to propose candidates for of the International Court;
(b) Within 60 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, including: which may not be two of the same nationality;
c) The Secretary-General shall send the nominations received to the Security Council. On the basis of the applications received, the Security Council shall draw up a list of not less than 22 and no more than 33 candidates, ensuring the proper representation of the main global legal systems;
(d) The President of the Security Council shall send the list of candidates to the President of the General Assembly. Based on that list, the General Assembly will elect the 11 Magistrates of the International Court. 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.
3. When a vacancy occurs in the Chambers, 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 referred to in the Paragraph 1 to carry out the charge for the remainder of the period.
4. The Magistrates will be elected for a period of four years. The conditions of service will be those of the Magistrates of the International Court of Justice. The Magistrates may be re-elected.
ARTICLE 14
Presidents and Members of the Rooms
1. The Magistrates of the International Court shall elect a President.
2. The President of the International Court shall be a member of the Board of Appeal and shall preside.
3. After holding consultations with the Magistrates of the International Court, the President will assign the Magistrates to the Appellate Chamber and the Chambers of First Instance. A Magistrate shall perform duties only in the Chamber to which he has been assigned.
4. The Magistrates of each Chamber of First Instance shall elect a President, who shall direct all the proceedings of the Chamber of First Instance as a whole.
ARTICLE 15
Rules on procedure and on test
The International Tribunal Magistrates will approve rules on procedure and on evidence that will be applicable to the preliminary stage of the trial, the proper trial and the appeals, the admission of evidence, the protection of victims and witnesses and other relevant matters.
ARTICLE 16
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 the former Yugoslavia as of June 1, 1991.
2. The Prosecutor will act independently as a separate organ of the International Court. It shall neither seek nor receive instructions from any Government or any other source.
3. The Prosecutor's Office shall be composed of a Prosecutor and the other qualified officials required.
4. The Prosecutor shall be appointed by the Security Council on the proposal of the Secretary-General. It must be of an unblemished moral and possess the highest level of competence and experience in the investigation and prosecution of criminal cases. The Prosecutor will provide services for a period of four years and may be re-elected. The conditions of service of the Prosecutor shall be those of a Deputy Secretary-General of the United Nations.
5. The officials of the Prosecutor's Office shall be appointed by the Secretary-General on the recommendation of the Prosecutor.
ARTICLE 17
The Secretariat
1. The Secretariat shall be responsible for the administration and services of the International Court.
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 Court. 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 18
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, organs of the United Nations, intergovernmental organizations and non-governmental organizations. The Prosecutor shall evaluate the information received or 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 shall prepare the indictment, which shall contain a brief and accurate statement of the facts or of the crime or offences that are charged to the defendant under the Staff Regulations. The charge shall be forwarded to a Magistrate of the Chamber of First Instance.
ARTICLE 19
Examining the allegation
1. The Judge of the Chamber of First Instance to which 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 prosecution. Otherwise, it will not make room for it.
2. Upon confirmation of the prosecution, the Magistrate may, at the request of the Prosecutor, issue the resolutions and orders necessary for the arrest, detention, delivery or remission of persons, and any other resolutions that may be necessary. for the prosecution of the trial.
ARTICLE 20
Getting Started and Processing Trial
1. The Chamber of First Instance must ensure that the process is fair and expeditious and that the judgment is processed in accordance with the rules on procedure 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 a judgment or warrant of the International Court, he shall be immediately informed of the charges against him and shall be referred to the Tribunal. International.
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 21
Rights of the defendant
1. All people will be equal before the International Court.
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 22 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 or her choice; to be informed, if he has no defender, of the right to have him, and provided that the interest of justice is require, to be called an ex officio defender, 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 in the International Court;
g) Not to be forced to testify against himself or to confess guilty.
ARTICLE 22
Protecting victims and witnesses
The International Court will adopt provisions in its rules on procedure and proof, 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 23
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 judgment 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 24
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 of the former Yugoslavia in respect of 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 25
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 26
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 sentenced or the Prosecutor may submit a request for review of the judgment to the International Court.
ARTICLE 27
Running the statements
The imprisonment will be served in a State designated by the International Court from a list of States that have indicated to the Security Council that they are willing to accept the convicts. 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 Court.
ARTICLE 28
Pardon or commutation of the penalty
If in accordance with the applicable law of the State or in which the sentenced person is serving the prison sentence, the latter has the right to request a pardon or the commutation of the sentence, the State concerned shall notify the Tribunal International. The President of the International Court, after consulting with the Magistrates, shall decide the matter in accordance with 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 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) Witness depositions 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 Court.
ARTICLE 30
Character, prerogatives and immunities of the International Court
1. The United Nations Convention on the Prerogatives of Immunities, of 13 February 1946, shall apply to the International Court, the Magistrates, the Prosecutor and its officials and the Registrar and the officials of the Secretariat of the Court.
2. The Magistrates, the Prosecutor and its officials and the Registrar shall enjoy the prerogatives and immunities, exemptions and facilities granted to diplomatic envoys in accordance with international law.
3. Officials of the Office of the Prosecutor and the Registrar of the Court 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. Article.
4. Other persons, including the accused persons, required at the seat of the International Tribunal shall be given the necessary treatment to enable the International Court to exercise their duties properly.
ARTICLE 31
International Court Headquarters
The International Court will be based in The Hague.
ARTICLE 32
International Court expenses
The costs of the International Court shall be borne by the United Nations ' ordinary budget in accordance with Article 17 of the Charter of the United Nations.
ARTICLE 33
Working languages
The working languages of the International Court will be French and English.
ARTICLE 34
Annual Report
The President of the International Tribunal will present an annual report of the International Tribunal to the Security Council and the General Assembly.
