International Law in International Tribunals and Domestic Courts
International Crimunal Tribunal for Rwanda
Establishement
RESOLUTION 955 (1994) Adopted by the Security Council at its 3453rd meeting, on 8 November 1994 (excerpts)
"The Security Council,
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Expressing once again its grave concern at the reports indicating that genocide and other systematic, widespread and flagrant violations of international humanitarian law have been committed in Rwanda,
Determining that this situation continues to constitute a threat to international peace and security,
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Convinced that in the particular circumstances of Rwanda, the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be achieved and would contribute to the process of national reconciliation and to the restoration and maintenance of peace,
Believing that the establishment of an international tribunal for the prosecution of persons responsible for genocide and the other above-mentioned violations of international humanitarian law will contribute to ensuring that such violations are halted and effectively redressed,
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Acting under 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 for the sole purpose of prosecuting persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 and to this end to adop the Statute of the International Criminal Tribunal for Rwanda annexed hereto;
Jurisdiction
Article 1: Competence of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighbouring States between 1 January 1994 and 31 December 1994, in accordance with the provisions of the present Statute.
Article 5: Personal Jurisdiction
The International Tribunal for Rwanda shall have jurisdiction over natural persons pursuant to the provisions of the present Statute.
Article 6: Individual Criminal Responsibility
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.
Article 7: Territorial and Temporal Jurisdiction
The territorial jurisdiction of the International Tribunal for Rwanda shall extend to the territory of Rwanda including its land surface and airspace as well as to the territory of neighbouring States in respect of serious violations of international humanitarian law committed by Rwandan citizens. The temporal jurisdiction of the International Tribunal for Rwanda shall extend to a period beginning on 1 January 1994 and ending on 31 December 1994.