 |
United Nations |
S/RES/955 (1994)
8 November 1994
|
RESOLUTION 955 (1994)
Adopted by the Security Council at its 3453rd meeting, on 8 November
1994
The Security Council,
Reaffirming all its previous resolutions on the situation in
Rwanda,
Having considered the reports of 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 for
Rwanda of the United Nations Commission on Human Rights (S/1994/1157, annex
I and annex II),
Expressing appreciation for the work of the Commission of Experts
established pursuant to resolution 935 (1994), in particular its preliminary
report on violations of international humanitarian law in Rwanda transmitted
by the Secretary-General's letter of 1 October 1994 (S/1994/1125),
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,
Determined to put an end to such crimes and to take effective
measures to bring to justice the persons who are responsible for them,
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,
Stressing also the need for international cooperation to strengthen
the courts and judicial system of Rwanda, having regard in particular to the
necessity for those courts to deal with large numbers of suspects,
Considering that the Commission of Experts established pursuant
to resolution 935 (1994) should continue on an urgent basis the collection of
information relating to evidence of grave violations of international humanitarian
law committed in the territory of Rwanda and should submit its final report
to the Secretary-General by 30 November 1994,
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 adopt the Statute of the International Criminal Tribunal
for Rwanda annexed hereto;
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 any measures necessary under their domestic law to implement the
provisions of the present resolution and the Statute, including the obligation
of States to comply with requests for assistance or orders issued by a Trial
Chamber under Article 28 of the Statute, and requests States to keep
the Secretary-General informed of such measures;
3.Considers that the Government of Rwanda should be notified
prior to the taking of decisions under 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 offer of expert personnel;
5.Requests the Secretary-General to implement this resolution
urgently and in particular to make practical arrangements for the effective
functioning of the International Tribunal, including recommendations to the
Council as to possible locations for the seat of the International Tribunal
at the earliest time and to report periodically to the Council;
6.Decides that the seat of the International Tribunal shall
be determined by the Council having regard to considerations of justice and
fairness as well as administrative efficiency, including access to witnesses,
and economy, and subject to the conclusion of appropriate arrangements between
the United Nations and the State of the seat, acceptable to the Council, having
regard to the fact that the International Tribunal may meet away from its seat
when it considers it necessary for the efficient exercise of its functions;
and decides that an office will be established and proceedings will
be conducted in Rwanda, where feasible and appropriate, subject to the conclusion
of similar appropriate arrangements;
7.Decides to consider increasing the number of judges and
Trial Chambers of the International Tribunal if it becomes necessary;
8.Decides to remain actively seized of the matter.
Annex
Statute of the International Tribunal for Rwanda
Having been established by the Security Council acting under 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 Rwandan
citizens responsible for genocide and other such violations committed in the
territory of neighbouring States, between 1 January 1994 and 31 December 1994
(hereinafter referred to as "the International Tribunal for Rwanda")
shall function in accordance with the provisions of the present Statute.
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 2
Genocide
1.The International Tribunal for Rwanda shall have the power to prosecute
persons committing genocide as defined in paragraph 2 of this article or of
committing any of the other acts enumerated in paragraph 3 of this article.
2.Genocide means any of the following acts committed with intent
to destroy, in whole or in part, a national, ethnical, racial or religious group,
as such:
(a)Killing members of the group;
(b)Causing serious bodily or mental harm to members of the group;
(c)Deliberately inflicting on the group conditions of life calculated
to bring about its physical destruction in whole or in part;
(d)Imposing measures intended to prevent births within the group;
(e)Forcibly transferring children of the group to another group.
3.The following acts shall be punishable:
(a)Genocide;
(b)Conspiracy to commit genocide;
(c)Direct and public incitement to commit genocide;
(d)Attempt to commit genocide;
(e)Complicity in genocide.
Article 3
Crimes against humanity
The International Tribunal for Rwanda shall have the power to prosecute
persons responsible for the following crimes when committed as part of a widespread
or systematic attack against any civilian population on national, political,
ethnic, racial or religious grounds:
(a)Murder;
(b)Extermination;
(c )Enslavement;
(d)Deportation;
(e)Imprisonment ;
(f)Torture;
(g)Rape;
(h)Persecuti ons on political, racial and religious grounds;
(i)Other inhumane acts.
Article 4
Violations of Article 3 common to the Geneva
Conventions and of Additional Protocol II
The International Tribunal for Rwanda shall have the power to prosecute
persons committing or ordering to be committed serious violations of Article
3 common to the Geneva Conventions of 12 August 1949 for the Protection of War
Victims, and of Additional Protocol II thereto of 8 June 1977. These violations
shall include, but shall not be limited to:
(a)Violence to life, health and physical or mental well-being of
persons, in particular murder as well as cruel treatment such as torture,
mutilation or any form of corporal punishment;
(b)Collective punishments;
(c)Taking of hostages;
(d)Acts of terrorism;
(e)Outrages upon personal dignity, in particular humiliating and
degrading treatment, rape, enforced prostitution and any form of indecent
assault;
(f)Pillage;
(g)The passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly constituted court, affording
all the judicial guarantees which are recognized as indispensable by civilized
peoples;
(h)Threats to commit any of the foregoing acts.
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
1.A person who planned, instigated, ordered, committed or otherwise
aided and abetted in the planning, preparation or execution of a crime referred
to in articles 2 to 4 of the present Statute, shall be individually responsible
for the crime.
2.The official position of any accused person, whether as Head of
State or Government or as a responsible Government official, shall not relieve
such person of criminal responsibility nor mitigate punishment.
3.The fact that any of the acts referred to in articles 2 to 4 of
the present Statute was committed by a subordinate does not relieve his or her
superior of criminal responsibility if he or she knew or had reason to know
that the subordinate was about to commit such acts or had done so and the superior
failed to take the necessary and reasonable measures to prevent such acts or
to punish the perpetrators thereof.
4.The fact that an accused person acted pursuant to an order of a
Government or of a superior shall not relieve him or her of criminal responsibility,
but may be considered in mitigation of punishment if the
International Tribunal for Rwanda determines that justice so requires.
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.
Article 8
Concurrent jurisdiction
1.The International Tribunal for Rwanda and national courts shall
have concurrent jurisdiction to prosecute persons for serious violations of
international humanitarian law committed 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 over the
national courts of all States. At any stage of the procedure, the International
Tribunal for Rwanda may formally request national courts to defer to its competence
in accordance with the present Statute and the Rules of Procedure and Evidence
of the International Tribunal for Rwanda.
Article 9
Non bis in idem
1.No person shall be tried before a national court for acts constituting
serious violations of international humanitarian law under the present Statute,
for which he or she has already been tried by the nternational 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 subsequently tried
by the International Tribunal for Rwanda only if:
(a)The act for which he or she was tried was characterized as an
ordinary crime; or
(b)The national court proceedings were not impartial or independent,
were designed to shield the accused from international criminal responsibility,
or the case was not diligently prosecuted.
3.In considering the penalty to be imposed on a person convicted
of a crime under the present Statute, the International Tribunal for Rwanda
shall take into account the extent to which any penalty imposed by a national
court on the same person for the same act has already been served.
Article 10
Organization of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the following organs:
(a)The Chambers, comprising two Trial Chambers and an Appeals Chamber;
(b)The Prosecutor; and
(c)A Registry.
Article 11
Composition of the Chambers
The Chambers shall be composed of eleven independent judges, no two of
whom may be nationals of the same State, who shall serve as follows:
(a)Three judges shall serve in each of the Trial Chambers;
(b)Five judges shall serve in the Appeals Chamber.
Article 12
Qualification and election of judges
1.The judges shall be persons of high moral character, impartiality
and integrity who possess the qualifications required in their respective countries
for appointment to the highest judicial offices. In the overall composition
of the Chambers due account shall be taken of 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
Law Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter
referred to as "the International Tribunal for the Former Yugoslavia")
shall also serve as the members of the Appeals Chamber of the International
Tribunal for Rwanda.
3.The judges of the Trial Chambers of the International Tribunal
for Rwanda shall be elected by the General Assembly from a list submitted by
the Security Council, in the following manner:
(a)The Secretary-General shall invite nominations for judges of
the Trial Chambers from States Members of the United Nations and non-member
States maintaining permanent observer missions at United Nations Headquarters;
(b)Within thirty days of the date of the invitation of the Secretary-General,
each State may nominate up to two candidates meeting the qualifications set
out in paragraph 1 above, no two of whom shall be of the same nationality
and neither of whom shall be of the same nationality as any judge on the Appeals
Chamber;
(c)The Secretary-General shall forward the nominations received
to the Security Council. From the nominations received the Security Council
shall establish a list of not less than twelve and not more than eighteen
candidates, taking due account of adequate representation on the International
Tribunal for Rwanda of the principal legal systems of the world;
(d)The President of the Security Council shall transmit the list
of candidates to the President of the General Assembly. From that list the
General Assembly shall elect the six judges of the Trial Chambers. The candidates
who receive an absolute majority of the votes of the States Members of the
United Nations and of the non-Member States maintaining permanent observer
missions at United Nations Headquarters, shall be declared elected. Should
two candidates of the same nationality obtain the required majority vote,
the one who received the higher number of votes shall be considered elected.
4.In the event of a vacancy in the Trial Chambers, after consultation
with the Presidents of the Security Council and of the General Assembly, the
Secretary-General shall appoint a person meeting the qualifications of paragraph
1 above, for the remainder of the term of office concerned.
5.The judges of the Trial Chambers shall be elected for a term of
four years. The terms and conditions of service shall be those of the judges
of the International Tribunal for the Former Yugoslavia. They shall be eligible
for re-election.
Article 13
Officers and members of the Chambers
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 shall assign the judges to the Trial Chambers. A judge
shall serve only in the Chamber to which he or she was assigned.
3.The judges of each Trial Chamber shall elect a Presiding Judge,
who shall conduct all of the proceedings of that Trial Chamber as a whole.
Article 14
Rules of procedure and evidence
The judges of the International Tribunal for Rwanda shall adopt, for the
purpose of proceedings before the International Tribunal for Rwanda, the rules
of procedure and evidence for the conduct of the pre-trial phase of the proceedings,
trials and appeals, the admission of evidence, the protection of victims and
witnesses and other appropriate matters of the International Tribunal for the
Former Yugoslavia with such changes as 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 Rwandan citizens 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 a separate organ of the
International Tribunal for Rwanda. He or she shall not seek or receive instructions
from any Government or from any other source.
3.The Prosecutor of the International Tribunal for the Former Yugoslavia
shall also serve as the Prosecutor of the International Tribunal for Rwanda.
He or she shall have additional staff, including an additional Deputy Prosecutor,
to assist with prosecutions before the International Tribunal for Rwanda. Such
staff shall be appointed by the Secretary-General on the recommendation of the
Prosecutor.
Article 16
The Registry
1.The Registry shall be responsible for the administration and servicing
of the International Tribunal for Rwanda.
2.The Registry shall consist of a Registrar and such other staff
as may be required.
3.The Registrar shall be appointed by the Secretary-General after
consultation with the President of the International Tribunal for Rwanda. He
or she shall serve for a four- year term and be eligible for reappointment.
The terms and conditions of service of the Registrar shall be those of an Assistant
Secretary-General of the United Nations.
4.The staff of the Registry shall be appointed by the Secretary-General
on the recommendation of the Registrar.
Article 17
Investigation and preparation of indictment
1.The Prosecutor shall initiate investigations ex-officio or on the
basis of information obtained from any source, particularly from Governments,
United Nations organs, intergovernmental and non-governmental organizations.
The Prosecutor shall assess the information received or obtained and decide
whether there is sufficient basis to proceed.
2.The Prosecutor shall have the power to question suspects, victims
and witnesses, to collect evidence and to conduct on-site investigations. In
carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance
of the State authorities concerned.
3.If questioned, the suspect shall be entitled to be assisted by
counsel of his or her own choice, including the right to have legal assistance
assigned to the suspect without payment by him or her in any such case if he
or she does not have sufficient means to pay for it, as well as to necessary
translation into and from a language he or she speaks and understands.
4.Upon a determination that a prima facie case exists, the Prosecutor
shall prepare an indictment containing a concise statement of the facts and
the crime or crimes with which the accused is charged under the Statute. The
indictment shall be transmitted to a judge of the Trial Chamber.
Article 18
Review of the indictment
1.The judge of the Trial Chamber to whom the indictment has been
transmitted shall review it. If satisfied that a prima facie case has been established
by the Prosecutor, he or she shall confirm the indictment. If not so satisfied,
the indictment shall be dismissed.
2.Upon confirmation of an indictment, the judge may, at the request
of the Prosecutor, issue such orders and warrants for the arrest, detention,
surrender or transfer of persons, and any other orders as may be required for
the conduct of the trial.
Article 19
Commencement and conduct of trial proceedings
1.The Trial Chambers shall ensure that a trial is fair and expeditious
and that proceedings are conducted in accordance with the rules of procedure
and evidence, with full respect for the rights of the accused and due regard
for the protection of victims and witnesses.
2.A person against whom an indictment has been confirmed shall, pursuant
to an order or an arrest warrant of the International Tribunal for Rwanda, be
taken into custody, immediately informed of the charges against him or her and
transferred to the International Tribunal for Rwanda.
3.The Trial Chamber shall read the indictment, satisfy itself that
the rights of the accused are respected, confirm that the accused understands
the indictment, and instruct the accused to enter a plea. The Trial Chamber
shall then set the date for trial.
4.The hearings shall be public unless the Trial Chamber decides to
close the proceedings 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.In the determination of charges against him or her, the accused
shall be entitled to a fair and public hearing, subject to article 21 of the
Statute.
3.The accused shall be presumed innocent until proved guilty according
to the provisions of the present Statute.
4.In the determination of any charge against the accused pursuant
to the present Statute, the accused shall be entitled to the following minimum
guarantees, in full equality:
(a)To be informed promptly and in detail in a language which he
or she understands of the nature and cause of the charge against him or her;
(b)To have adequate time and facilities for the preparation of
his or her defence and to communicate with counsel of his or her own choosing;
(c)To be tried without undue delay;
(d)To be tried in his or her presence, and to defend himself or
herself in person or through legal assistance of his or her own choosing;
to be informed, if he or she does not have legal assistance, of this right;
and to have legal assistance assigned to him or her, in any case where the
interests of justice so require, and without payment by him or her in any
such case if he or she does not have sufficient means to pay for it;
(e)To examine, or have examined, the witnesses against him or her
and to obtain the attendance and examination of witnesses on his or her behalf
under the same conditions as witnesses against him or her;
(f)To have the free assistance of an interpreter if he or she cannot
understand or speak the language used in the International Tribunal for Rwanda;
(g)Not to be compelled to testify against himself or herself or
to confess guilt.
Article 21
Protection of victims and witnesses
The International Tribunal for Rwanda shall provide in its rules of procedure
and evidence for the protection of victims and witnesses. Such protection measures
shall include, but shall not be limited to, the conduct of in camera proceedings
and the protection of the victim's identity.
Article 22
Judgement
1.The Trial Chambers shall pronounce judgements and impose sentences
and penalties on persons convicted of serious violations of international humanitarian
law.
2.The judgement shall be rendered by a majority of the judges of
the Trial Chamber, and shall be delivered by the Trial Chamber in public. It
shall be accompanied by a reasoned opinion in writing, to which separate or
dissenting opinions may be appended.
Article 23
Penalties
1.The penalty imposed by the Trial Chamber shall be limited to imprisonment.
In determining the terms of imprisonment, the Trial Chambers shall have recourse
to the general practice regarding prison sentences in the courts of Rwanda.
2.In imposing the sentences, the Trial Chambers should take into
account such factors as the gravity of the offence and the individual circumstances
of the convicted person.
3.In addition to imprisonment, the Trial Chambers may order the return
of any property and proceeds acquired by criminal conduct, including by means
of duress, to their rightful owners.
Article 24
Appellate proceedings
1.The Appeals Chamber shall hear appeals from persons convicted by
the Trial Chambers or from the Prosecutor on the following grounds:
(a)An error on a question of law invalidating the decision; or
(b)An error of fact which has occasioned a miscarriage of justice.
2.The Appeals Chamber may affirm, reverse or revise the decisions
taken by the Trial Chambers.
Article 25
Review proceedings
Where a new fact has been discovered which was not known at the time of
the proceedings before the Trial Chambers or the Appeals Chamber and which could
have been a decisive factor in reaching the decision, the convicted person or
the Prosecutor may submit to the International Tribunal for Rwanda an
application for review of the judgement.
Article 26
Enforcement of sentences
Imprisonment shall be served in Rwanda or any of the States on a list
of States which have indicated to the Security Council their willingness to
accept convicted persons, as designated by the International Tribunal for Rwanda.
Such imprisonment shall be in accordance with the applicable law of the State
concerned, subject to the supervision of the International Tribunal for Rwanda.
Article 27
Pardon or commutation of sentences
If, pursuant to the applicable law of the State in which the convicted
person is imprisoned, he or she is eligible for pardon or commutation of sentence,
the State concerned shall notify the International Tribunal for Rwanda accordingly.
There shall only be pardon or commutation of sentence if the President of the
International Tribunal for Rwanda, in consultation with the judges, so decides
on the basis of 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 committing serious
violations of international humanitarian law.
2.States shall comply without undue delay with any request for assistance
or an order issued by a Trial Chamber, including, but not limited to:
(a)The identification and location of persons;
(b)The taking of testimony and the production of evidence;
(c)The service of documents;
(d)The arrest or detention of persons;
(e)The surrender or the transfer of the accused to the International
Tribunal for Rwanda.
Article 29
The status, 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 or her staff, and the Registrar and his or her
staff.
2.The judges, the Prosecutor and the Registrar shall enjoy the privileges
and immunities, exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.
3.The staff of the Prosecutor and of the Registrar shall enjoy the
privileges and immunities accorded to officials of the United Nations under
articles V and VII of the Convention referred to in paragraph 1 of this article.
4.Other persons, including the accused, required at the seat or meeting
place of the International Tribunal for Rwanda shall be accorded such treatment
as is necessary for the proper functioning of the International Tribunal for
Rwanda.
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 shall be English and
French.
Article 32
Annual report
The President of the International Tribunal for Rwanda shall submit an
annual report of the International Tribunal for Rwanda to the Security Council
and to the General Assembly.