Rwanda:Kagame accuses a Hotel Rwanda hero revisionist

[babukijana]

Rwanda: Kagame Accuses the Hotel Rwanda Movie Hero a Revisionist


Rwanda's government has accused Paul Rusesabagina, the Rwandan exile played by actor Don Cheadle in the movie Hotel Rwanda, of being a "revisionist" who "harbors the Double Genocide Theory."

A "revisionist," in Rwanda, is someone who dares to challenge the received history of the 1994 Rwanda Genocide. The "Double Genocide Theory" is the belief that Hutus, as well as Tutsis, were victims of genocidal violence in 1994.

The Rwanda New Times reported, on March 12th, that the International Criminal Tribunal on Rwanda had ruled that Paul Rusesabagina's testimony was "not an absolute necessity" at the trial of former ruling party official Joseph Nzirorera.

The New Times also reported that: Deogene Bideri,a senior official at the National Commission for the Fight against Genocide (CNLG), equated Rusesabagina's actions to those of the accused. "Rusesabagina's actions have made it clear that he is a revisionist and he harbors the Double Genocide Ideology." And: Theodore Simburudari, the president of Ibuka, an umbrella organization of Genocide survivors' associations, said that for Nzirorera to ask Rusesabagina to be his witness, is evidence in itself that both men have in their agenda, spreading the Double Genocide Ideology Much of the world's emotional response to the 1994 Rwanda Genocide has been shaped by the Hollywood movie Hotel Rwanda.

At its end, the [ame="http://en.wikipedia.org/wiki/Rwandan_Patriotic_Front"]Rwandan Patriotic Front (RPF) Army[/ame], led by General Paul Kagame appear as heroes to end the bloodshed, as the movie's hero, Paul Rusesabagina, departs from a Rwandan refugee camp with his family. The movie makes no mention of the many political and legal scholars, journalists, and human rights investigators contesting the received history of the genocide, including University of Notre Dame Professor Christian Davenport and University of Michigan Professor Alan Stam, who, after many years of study, interviews with survivors, and statistical analysis, concluded that : -a million people died, -the vast majority of those who died were not Tutsi, but Hutu, -American, French and Belgian leaders, including Bill Clinton and the CIA, knew what was happening every day as the massacres continued and -current Rwandan President Paul Kagame, a U.S. ally trained at Ft. Leavenworth, Kansas, is guilty of war crimes of an extraordinary scale. (Professors Stam and Davenport's passports to Rwanda have both been revoked.)

Nor does the movie mention Kagame's training at Fort Leavenworth, Kansas, the Pentagon arming his Rwandan Patriotic Front (RPF) army, or, the victory of the U.S., UK, and Anglophone interests, over those of France, won by the RPF, as described by Professor Michel Chussodovsky, in his Global Research report "Rwanda: Installing a U.S. Protectorate in Central Africa." It might therefore seem like good public relations for Kagame and his ruling RPF Party to remain on good terms, at least publicly, with Paul Rusesabagina, the real life hero of Hotel Rwanda, which is based on his autobiography, An Ordinary Man. Instead, they have accused him of "revisionism" and "harboring the Double Genocide Theory." Kagame and the RPF are coming under more and more international pressure to hold a real presidential election this year, as reported by the London Independent on March 15th, in Rwanda's Democratic Credentials Under Fire. Amnesty International, Human Rights Watch, the Campaign to Protect Journalists, the Global Greens, the European Green Free Alliance, the African Faith and Social Justice Network, and U.S. Senator Russ Feingold, D-WI, Chair of the Senate Subcommittee on Africa, have all called for civil and political rights and a free and fair election, but authorities continue to deny two of the three major opposition parties permits to convene, register, or field candidates.

On March 12, the Hotel Rwanda/Rusesabagina Foundation joined the list, issuing a press release that "condemns election related violence in Rwanda, and calls for real democratic activity to be allowed." Authorities nevertheless continue to threaten the FDU-Inkingi Party's candidate, [ame="http://en.wikipedia.org/wiki/Victoire_Ingabire_Umuhoza"]Victoire Ingabiré Umuhoza[/ame], and the Parti Social-Imberakuri's candidate, Bernard Ntaganda, with incarceration for the same offenses that Kagame's government accuses Paul Rusesabagina of----"revisionism" and the "Double Genocide Theory." Both are speech crimes under the Rwandan Constitution ratified in 2003 and Rwanda's "genocide ideology" statutes passed in 2008.

 

[Bongolander]

Well here he come again. He want us to believe his side of the story, simply because he can put it in the headlines. Not that simple. Paul Rusesabaina alikuwa Kigali wakati chinjahicnja inaendelea, toka inaanza. He might have seen more than what Kagame has, who is trustyworhy here.

Paul Kagame aliingia mwishoni mwishoni, na itakuwa ni ujinga kuamini kuwa wahutu hawakufa kwenye Genocide, wahutu wengi tu walikufa na wengine mpaka leo ni wakimbizi. Waliokimbia Rwanda sio wante ni interahamwe, wengine hawakuwa interahamwe.
Is

 

[Mponjoli]

Kagame is trying to hide something, Paul Rusesabagina is a real hero.

 

[RUTAJUMBUKIRWA]

jamani what i can see here is anti-Kagame propaganda that the likes of babukijana and wacha are trying to feed gullible tanzanian minds. These kinds of literature are plenty on internet, denying genocide, or watering it down with doublegenocide theory. jamani jamani, kuweni na utu, watu waliuwawa, nimeangalia testimony ya imaculate ilibagiza kwenye youtube, it was terrible. stop propaganda.
rusesabagina's evidence was analysed in extradition case in UK, where judge anthony evans said he is allied to the extremist past government. google the judgement. stop obscene propaganda babukijana

 

[Magezi]

Mimi binafsi nilifanya kazi ya kupokea wakimbizi kutoka rwanda mwaka 1994 na niliweza kusikia na kujua mengi kuhusu mauaji yale. Siku moja nilishuhudia majasusi wa RPF wakiwakamata mashahidi/watu muhimu ktk vurugu zile na kuondoka nao kwenda rwanda na wote waliuawa.

Kwa hiyo siku Rusesabagina anawasili pale kwenye kwenye kambi alikaa kwa muda kabla ya kupelekwa kwa ndege Ubelgiji akitokea TZ. Taarifa zilizokuwepo UNHCR wakati ule hata yeye Rusesabagina alikuwa akitafutwa na majasusi wa RPF lakini maofisa wa UNHCR kwa tips kutoka CIA walimficha na kumsafirisha kwa ulinzi maalumu hadi mwanza ambapo alipata ndege ya kuondoka.

Kifupi ni kwamba Kagame bado ana hamu ya kumdhibiti Rusesabagina kwa sababu anajua na alishuudia mengi ktk mauaji yale.

 

[Magezi]

jamani what i can see here is anti-Kagame propaganda that the likes of babukijana and wacha are trying to feed gullible tanzanian minds. These kinds of literature are plenty on internet, denying genocide, or watering it down with doublegenocide theory. jamani jamani, kuweni na utu, watu waliuwawa, nimeangalia testimony ya imaculate ilibagiza kwenye youtube, it was terrible. stop propaganda.
rusesabagina's evidence was analysed in extradition case in UK, where judge anthony evans said he is allied to the extremist past government. google the judgement. stop obscene propaganda babukijana

Do you really believe that RPF were not involved in killing Habyarimana and his coleague? if they were involved, how comes Kagame is inocent?

Unaongelea UK? UK was behind the move and was supporting RPF since then. Lengo hasa la UK na USA ni kuondoa au ku-weaken French colonies, mbona hujiulizi mara jumuia ya madola haraka haraka?

 

[Nanu]

Kagame, the truth will always prevail, and it will not be late at the time everybody will come to know what are his motive. he cam't such an innocent, he equally is wrong, and I am sure the moment he leaves presidency he will also face the law. he know about it and that is why he is trying to soil all other compatriots who knew him in out and worked with him closely.
I look his mission skeptically and in a suspicious way that he must have something is trying to hide and that is why Rwanda is becoming the nation for only who say yes for Kagame always!!!!

 

[babukijana]

jamani what i can see here is anti-Kagame propaganda that the likes of babukijana and wacha are trying to feed gullible tanzanian minds. These kinds of literature are plenty on internet, denying genocide, or watering it down with doublegenocide theory. jamani jamani, kuweni na utu, watu waliuwawa, nimeangalia testimony ya imaculate ilibagiza kwenye youtube, it was terrible. stop propaganda.
rusesabagina's evidence was analysed in extradition case in UK, where judge anthony evans said he is allied to the extremist past government. google the judgement. stop obscene propaganda babukijana

my friend,hii taarifa sijaandika mimi kwa kutunga,ni habari ambayo imetoka kwenye site za wanyarwanda wenyewe bwana.

 

[The Quonquerer]

Kwenye analysis za masuala ya Rwanda...kwanza watu wawe wanasoma au kufutailia msimamo wa Wanyarwanda wenyewe..si Mtaanzania anayeijua Rwanda kuliko Mnyarwanda mwenyewe. La sivyo itakuwa kuandika feelings tu..inavyoonyesha watu wanabadika feelings zao, kumbe hata hilo kabila unalodhani unatetea wanaweza kukwambia kitu kinyume na unavyodhania na ukaishia kuaibika! Mtu yeyote anaye-deny genocide ya Rwanda huyo ni mwendawazimu!

 

[babukijana]

E-mail article Print article Mushayidi to appear in court on terror charges

Deo Mushayidi in the back of a Police Pick-up as he left prosecution headquarters in Kimihurura yesterday. (Photo/ J. Mbanda)
By Ignatius Ssuuna The case of terror suspect, Deo Mushayidi, who has been appearing at the Prosecutor General’s office, has now been transferred to the courts.
This was revealed yesterday afternoon by the Prosecutor General, Martin Ngoga.
Mushayidi was arrested in Burundi following cooperation by law enforcement organs of both countries.
He had been shuttling between various countries in the region and his movements were being monitored.
Mushayidi is said to be part of a wider terror network that includes renegade military officers, Lt Gen Kayumba Nyamwasa and Patrick Karegyeya.
His arrest came days after prosecution linked recent grenade attacks in the country on the defected senior RDF officers, who are now reported to be in South Africa.
Mushayidi has claimed in several interviews and press releases, that he has an armed group, PDP-Imanzi, whose headquarters are in Kinihira, Northern Province.
Ends
source.newtimes rwanda

 

[Bongolander]

jamani what i can see here is anti-Kagame propaganda that the likes of babukijana and wacha are trying to feed gullible tanzanian minds. These kinds of literature are plenty on internet, denying genocide, or watering it down with doublegenocide theory. jamani jamani, kuweni na utu, watu waliuwawa, nimeangalia testimony ya imaculate ilibagiza kwenye youtube, it was terrible. stop propaganda.
rusesabagina's evidence was analysed in extradition case in UK, where judge anthony evans said he is allied to the extremist past government. google the judgement. stop obscene propaganda babukijana

Mkuu ukweli ni kwamba hatutakiwi kupinga reallity ya Genocide. Hapa Tanzania hakuna anayepinga kuwa watu waliuawa, kwa sababu tulikuwa tunaona miili ya watu wemue mto kagera, na rafiki zetu walikufa huko Rwanda. Lakini kusema kuwa ni watusi tu waliokufa huu ni ujinga, how can British judge who sat In London know what happened in Kigali, are you denying the fact that Rusesabagina alisaidia watusi? It is afact kuwa Rusesabagina alikuwa na marafiki ambao ni Interahamwe, lakini hiyo haimfanyi yeye supporter au muuaji.

Wanyarwanda wote ni marafiki wa Tanzania, wahutu na watusi, hatuwezi kuona mmoja anafaa na mwingie hafai. Lakini uuaji wa wahutu ulikuwepo tusidanganyane.

 

[cerezo]

wakuu,

the truth will always prevail. hizi information za babukijana zinatoka kwenye blog hii hapa:

http://rwandarwabanyarwanda.over-bl...rwanda-movie-hero-a-revisionist-46765167.html

hii blog is run by well known interahamwe based i believe in europe or US..so the biased information being brought to us by the "sympathisers" like babukijana....lets take their comments " with a grain of salt"

 

[Bongolander]

wakuu,

the truth will always prevail. hizi information za babukijana zinatoka kwenye blog hii hapa:

http://rwandarwabanyarwanda.over-bl...rwanda-movie-hero-a-revisionist-46765167.html

hii blog is run by well known interahamwe based i believe in europe or US..so the biased information being brought to us by the "sympathisers" like babukijana....lets take their comments " with a grain of salt"

Mkuu sidhani kama kuna mtu na sympathy na wauaji. Interhamwe ni wauaji ni vizuri kama wakifikishwa kwenye mikono ya sheria. Kama mtu anakataa kuwa interhamwe ni wauaji huyo atakuwa mwendawazimu. Lakini sisi huku Tanzania tulikuwa tunaona miili ya wahutu na watusi, so telling some of us that it is only tutsis who were killed, that is bullshit, we know there were scores of Hutus who were killed, those who killed them in the name of stopping genocide should are killers too. Do not tell me killing a tutsi is a crime and killing a hutu is not.

Killing banyarwanda is a crime, and those who killed them have to be punished, that is all. Tusutetee wauaji.

Ndio maana kwenye forum hii tunasema wezi sio wale walioko magerezani tu, kuna wengine wako kwenye mashangingi na wanatanua kila siku. Lakini still ni wezi, their name does not change.

 

[Mwana wa Mungu]

wandugu, wahutu hawakufa sana. first of all, kabla hamja ongea chochote, you need to know the meaning of the term genocide. after that, naomba kuwashauri wote, nenda hata youtube tu, download clips, utapata picha kamili. WAHUTU WALIUA WATUSTI KAMA LAKI NANE NA ZAIDI. wakati huo, hawakuamini kabisa kuwa watusti wangekuja toka kaskazini na jeshi lao, kagame ambaye alikuwa trained na US army academy, akisaidiwa na silaha nzito toka kwa rafiki yake Mseveni ambaye alimsaidia sana kama top official wakati Museven akiwa msituni naye, WALISHUKA NA JESHI KUBWA and they started taking over one part after another, selikali ya wahutu ambayo ilikuwa imeagiza makontena ya mapanga toka china na kuyagawa kwa wananchi kuchinja watusti, walipoona wanamgambo wao na jeshi lao limezidiwa, ndo wengi walianza kukimbia, walikimbilia congo, burindi, na Tanzania. YOU KNOW WHY HAWATAKI KURUDI KWAO? ni kwasababu wanaogopa watalipizwa visasi, waliua watu wanaowafahamu, jirani aliua mtu anayemfahamu, it was terrible. WATU WALIOUAWA KWENYE GENOCIDE YA RWANDA, NI WATUSTI LAKI NANE (800,000), NA MODERATE HUTUS AMBAO WALIKUWA WANAPINGA GENOCIDE, mmoja wao ni yule mama aliyekuwa waziri mkuu. so, wahutu waliouawa waliuawa na wahutu wenzao kwasababu walikuwa ni moderate wakipinga genocide. sio kwamba watusti ndio waliowaua wahutu.

PLEASE, KABLA HAUJAONGELEA ISSUE HII, SOMA DOCS HIZI UPATE MAANA HALISI YA GENOCIDE, NA PILI ANGALIA CLIPS KWENYE YOUTUBE, THEY ARE FREE, JUST TYPE" RWANDA GENOCIDE " KWENYE YOUTUBE.
1. THE ICC STATUTE
2. THE GENOCIDE CONVENTION OF 1948
3. THE STATUTE OF THE TRIBUNAL FOR THE FORMER YUGOSLAVIA
3. STATUTE OF THE TRIBUNAL FOR RWANDA.

you can just type them in google, and get a very good pdf files free. this issue is very sensitive, and before you talk, make sure that you don't have any tusti around you, kwasababu inauma sana, tustis walikuwa kwenye situation mbaya kuliko zote, they were hunted like animals, a neighbor whom you know alikuwa anakuja kukuua wewe na watoto wako, they raped, na wakafanya chochote walichotaka. it was open.

the western powers pulled out their citizens to let those black africans die out there peke yao. they didn't even care kutuma kama jeshi la marekani na wengine kuja kustop genocide. the UN mission which was stationed there, ilikuwa powerless na Kofi anan alikuwa mjinga, alikataa kuruhusu confrontation yoyote ile kati ya yule kamanda wa canada aliyekuwa anasimamia UN peace keeping, Belgians wali withdraw their troops baada ya wanajeshi wao kumi kuuawa, marekani walisema hawana interest yoyote ile kule rwanda, na vile vile waliogopa another somalia to come accross them (somalia issue ni pale wanajeshi wa marekani walipouawa na kuburutwa na kuchomwa moto mitaa ya mogadishu, ikafanya marekani kunyoosha mikono kwa somalia). please, naomba mnavyoongelea hii issue ya genocide ya rwanda, muwe na sympathy kidogo, kagame alihangaika sana, walipata shida sana, na si vizuri kuwakumbusha kabisa.

HAO WAHUTU HAKIKA WANA ROHO MBAYA KAMA SHETANI, WALIFANYA MAMBO YA AJABU AMBAYO DUNIA NZIMA HAIJAWAHI KUFANYA. WATZ WENGI HATUWAJUI, ila walipanda na kumwaga damu ambayo itawalilia hadi kizazi cha nne. ukiwaona hapo tz, unaweza kuwaonea huruma, kumbe wanaogopa kurudi kwao waliua watu na wanaogopa kukamatwa. WATU KAMA MIMI AMBAO TUMESHAFIKA RWANDA KIPINDI CHA NYUMA NA KUFANYA KAZI ZA RESEARCH KAMA HIZI, HAKIKA UTALIA NA MOYO UTAKUUMA SANA. IT WAS TERRIBLE WAKUU.

 

[Mgeninani]

Do you really believe that RPF were not involved in killing Habyarimana and his coleague? if they were involved, how comes Kagame is inocent?

Unaongelea UK? UK was behind the move and was supporting RPF since then. Lengo hasa la UK na USA ni kuondoa au ku-weaken French colonies, mbona hujiulizi mara jumuia ya madola haraka haraka?

Wenzie wakipata dhahama kama hii wanakimbilia reconcilliation sio visasi mifano ipo SA ya madiba, and genocide didn't occur because president's plane was shot is because kagame and RPF were advanced to take kigali, and RPF was tutsi movement what did kagame expect? he was fighting democratic goverment, now he turns against his own comrades, ukishakula nyama ya mtu....................................

 

[Mwana wa Mungu]

there is no proof that the plane was short by kagame RPF. some think that the place was short by the Hutu extremists who had vowed to kill every Hutu who did not support their genocidal plan. that present was one of the targets by hutu extremists, as if you can remember, alikuwa anatoka Arusha kwenye mkutano kuhusu mambo hayohayo.

don't talk of reconciliation hapa, ndo maana niliwaambia someni kwanza muelewe maana ya genocide ndo muandike hapa. the situation in south africa is different from Rwanda, ile ya south haikuwa genocide, pamoja na kwamba siku hizi imeingizwa kwenye crimes against humanity. HAITAKIWI KUWEPO RECONCILIATION YEYOTE HAPA, ila wakamatwe wote waliohusika, wapelekwe Arusha wakahukumiwe. however, wana bahati, teh ICRT haitoi death penalty, so watakula tu kifungo cha maisha. ili haki iwepo, wanatakiwa kukamatwa wote na wafikishwe arusha. kama unawajua hapa tz, unatakiwa utoe taarifa tuwakamate haraka.

 

[Felixonfellix]

Rwandan Genocide​

[FONT=Arial,Arial][FONT=Arial,Arial]

Tom Curry
Max Maheras
Brian McWade
Matt Rogers
Background​

　

•Twa-first inhabitants of Rwanda
•Kingdom of Rwanda was controlled by the Tutsi royal family​

Ethnic Groups of Rwanda•Rwanda’s population consists of three ethnic groups:​

[/FONT]​

[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]–Hutus 88%–Tutsis 11%–Twapygmies1%
Self Government​

　
•After WWII, the Belgian colonial administration in Rwanda was placed under United Nations’care
–Meant to prepare Rwanda for independence
•When Belgium pulled out of Rwanda, the Party of the Hutu Emancipation Movement (PARMEHUTU) came to power.
•Tutsi leadership was ousted in favor of the Hutu rule
　

Other Causes of Violence​

　

•Same European theories that led to the Holocaust
–Racial superiority
•Racism was reversed—Hutus viewed the Tutsis as foreign invaders instead of Rwandans​

Prelude to Genocide•Rising tensions from Tutsis in refugee camps, particularly from Uganda•Tutsi Rwandese Patriotic Front (RPF) was formed in 1985 under Paul Kagame
October 1, 1990​

　

•RPF forces invaded Rwanda from their base in neighboring Uganda
•Rebel forces blamed the government for failing to resolve the problems of 500,000 Tutsi refugees
•Rwandan government saw this invasion as an attempted to bring the Tutsi ethnic group back into power​

Genocide​

　
•Violence increased ethnic tensions as Hutus rallied around President Habyarimana
•Habyarimanareacted by immediately repressing Tutsis
•Habyyarimanajustified his acts by saying that it was the intent of the Tutsis to restore the Tutsi Feudal system, enslaving the Hutu race
　

Genocide​

　

•The slaughter of an estimated 800,000to 1,000,000 Tutsisand moderate Hutus
•Carried out by two extremist Hutu militia groups
–The Interahamwe
–The Impuzamugambi
•During a period of 100 days
–April 6th through mid-July 1994​

[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]

Refugees​

​

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[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]QuickTime™ and aYUV420 codec decompressorare needed to see this picture.
Children[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]•[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Rwanda is home to one of the world's largest proportions of child-headed households, with an estimated 101,000 children living in 42,000 households [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]–[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Their parents killed in the genocide, have died from AIDS, or have been imprisoned for genocide-related crimes[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]•[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]By 2001, an estimated 264,000 children had lost one or both parents to AIDS, [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]•[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]Rwanda has one of the world's worst child mortality rates [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]–[/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]1 in 5 Rwandan children die before their fifth birthday.
Justice and Reconciliation​

　

•With the return of the refugees towards the end 1996, the government began long-awaited genocide trials
–Tensions have arisen between Rwanda and the United Nations over use of the death penalty​

Revisionism​

[/FONT]​

[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]•Revisionism is the attempt to change commonly held ideas about the past•The context of the 1994 Rwandan genocide continues to be an important matter of historical debate with charges of revisionism often mad•Allegations of the French army helping Hutus during the genocide, •A "double genocides" theory was created, which accused the Tutsis of having committed a "counter-genocide" against the Hutus.​

[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]

Works Cited​

[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]

"Rwandan Genocide."Wikipedia.org. 5/16/06.<http://en.wikipedia.org/wiki/Rwandan_genocide#Justice.2C_reconciliation.2C_reforms>.
"Rwanda Refugees."New Films Online.5/16/6. <http://newsfilm.bufvc.ac.uk/encodings/C00096.wmv>.​

[/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]*all images via googleimage search
[/FONT][/FONT]

 

[Mwana wa Mungu]

Wenzie wakipata dhahama kama hii wanakimbilia reconcilliation sio visasi mifano ipo SA ya madiba, and genocide didn't occur because president's plane was shot is because kagame and RPF were advanced to take kigali, and RPF was tutsi movement what did kagame expect? he was fighting democratic goverment, now he turns against his own comrades, ukishakula nyama ya mtu....................................

You are wrong sir, plan za genocide zilianza muda mwingi, na haikuja tu kwasababu kagame was advancing toward the south, ilikuwa ni kitu kilichokuwa kimepanga miezi mingi tu, na kulishakuwa na tension kati ya makabila haya mawili miaka mingi hata kabla ya kagame hajaingia msituni akitokea unganda ambako alizaliwa na kukulia. kagame na jeshi lake ilihamasisha tu muendelezo lakini hata kabla ya hapo, makontena ya mapanga, mashoka na nondo yaliagizwa toka china, yaligawiwa mitaani, watusi waliona na unajua watu wengi hawakuamini kuwa icho kitu kingetokea....achana na fikra kuwa ilisababishwa na kagame ku advance kuja kusini ili kuitwaa kigali, na wala haikuwa kwasababu ya kudondoshwa kwa ndege. ile ndege wengine wanasema ilidondoshwa na wahutu waliokuwa wanapinga selikali isiyowaangamiza watusti, ndio maana ufaransa haina nguvu hata kidogo kwenye arrest yao ya Rose na kagame waliyokuwa wanataka kuianzisha.

 

[Felixonfellix]

UNITED
NATIONS​

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
Date: September 2008
Original: English & French​

UPDATED STATUTE
OF THE INTERNATIONAL
CRIMINAL TRIBUNAL FOR
THE FORMER YUGOSLAVIA​

(ADOPTED 25 MAY 1993 BY RESOLUTION 827)
(AS AMENDED 13 MAY 1998 BY RESOLUTION 1166)
(AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329)
(AS AMENDED 17 MAY 2002 BY RESOLUTION 1411)
(AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431)
(AS AMENDED 19 MAY 2003 BY RESOLUTION 1481)
(AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597)
(AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660)
(AS AMENDED 29 SEPTEMBER 2008 BY RESOLUTION 1837)​

ICTY RELATED RESOLUTIONS:
Resolution 1503 of 28 August 2003
Resolution 1504 of 4 September 2003
Resolution 1534 of 26 March 2004
Resolution 1581 of 18 January 2005
Resolution 1613 of 26 July 2005
Resolution 1629 of 30 September 2005
Resolution 1668 of 10 April 2006
Resolution 1775 of 14 September 2007
Resolution 1786 of 28 November 2007
Resolution 1800 of 20 February 2008​

(Not an official document. This compilation is based on original United Nations resolutions.)
​

1​

UPDATED STATUTE
OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA​

(ADOPTED 25 MAY 1993 BY RESOLUTION 827)
(AS AMENDED 13 MAY 1998 BY RESOLUTION 1166)
(AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329)
(AS AMENDED 17 MAY 2002 BY RESOLUTION 1411)
(AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431)
(AS AMENDED 19 MAY 2003 BY RESOLUTION 1481)
(AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597)
(AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660)
(AS AMENDED 29 SEPTEMBER 2008 BY RESOLUTION 1837)​

UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA......................................................................................................3​

RESOLUTION 808 (1993)..........................................................................................................................................15
RESOLUTION 827 (1993)..........................................................................................................................................17
RESOLUTION 1166 (1998)........................................................................................................................................19
Annex...........................................................................................................................................................................20
RESOLUTION 1329 (2000)........................................................................................................................................21
Annex I ........................................................................................................................................................................23
Annex II.......................................................................................................................................................................26
RESOLUTION 1411 (2002)........................................................................................................................................29
Annex I ........................................................................................................................................................................30
Annex II.......................................................................................................................................................................31
RESOLUTION 1431 (2002)........................................................................................................................................33
Annex I ........................................................................................................................................................................34
Annex II.......................................................................................................................................................................37
RESOLUTION 1481 (2003)........................................................................................................................................39
Annex...........................................................................................................................................................................40
RESOLUTION 1597 (2005)........................................................................................................................................41
Annex...........................................................................................................................................................................42
RESOLUTION 1660 (2006)........................................................................................................................................43
Annex...........................................................................................................................................................................44
RESOLUTION 1837 (2008)........................................................................................................................................47
Annex...........................................................................................................................................................................49​

ICTY RELATED RESOLUTIONS ........................................................................................................51​

Resolutions with no amendments to the Statute, but relevant to the ICTY.​

RESOLUTION 1503 (2003)..................................................................................................................................53
Annex I ..................................................................................................................................................................55
RESOLUTION 1504 (2003)..................................................................................................................................57
RESOLUTION 1534 (2004)..................................................................................................................................59
RESOLUTION 1581 (2005)..................................................................................................................................61
RESOLUTION 1613 (2005)..................................................................................................................................63
RESOLUTION 1629 (2005)..................................................................................................................................65
RESOLUTION 1668 (2006)..................................................................................................................................67
RESOLUTION 1775 (2007)..................................................................................................................................69
RESOLUTION 1786 (2007)..................................................................................................................................71
RESOLUTION 1800 (2008)..................................................................................................................................73​

2
3​

UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA
TABLE OF CONTENTS
Article 1 ......................................................................................................................................................5
Competence of the International Tribunal
Article 2 ......................................................................................................................................................5
Grave breaches of the Geneva Conventions of 1949
Article 3 ......................................................................................................................................................5
Violations of the laws or customs of war
Article 4 ......................................................................................................................................................5
Genocide
Article 5 ......................................................................................................................................................6
Crimes against humanity
Article 6 ......................................................................................................................................................6
Personal jurisdiction
Article 7 ......................................................................................................................................................6
Individual criminal responsibility
Article 8 ......................................................................................................................................................6
Territorial and temporal jurisdiction
Article 9 ......................................................................................................................................................7
Concurrent jurisdiction
Article 10 ....................................................................................................................................................7​

Non-bis-in-idem​

Article 11 ....................................................................................................................................................7
Organization of the International Tribunal
Article 12 ....................................................................................................................................................7
Composition of the Chambers
Article 13 ....................................................................................................................................................8
Qualifications of judges
Article 13​

​

​

​

bis...............................................................................................................................................8
Election of permanent judges
Article 13 ter...............................................................................................................................................8
Election and appointment of ad litem judges
Article 13 quater.........................................................................................................................................9
Status of ad litem judges
Article 14 ..................................................................................................................................................10
Officers and members of the Chambers
Article 15 ..................................................................................................................................................10
Rules of procedure and evidence
Article 16 ..................................................................................................................................................10
The Prosecutor​

4​

Article 17 ..................................................................................................................................................10
The Registry
Article 18 ..................................................................................................................................................11
Investigation and preparation of indictment
Article 19 ..................................................................................................................................................11
Review of the indictment
Article 20 ..................................................................................................................................................11
Commencement and conduct of trial proceedings
Article 21 ..................................................................................................................................................11
Rights of the accused
Article 22 ..................................................................................................................................................12
Protection of victims and witnesses
Article 23 ..................................................................................................................................................12
Judgement
Article 24 ..................................................................................................................................................12
Penalties
Article 25 ..................................................................................................................................................12
Appellate proceedings
Article 26 ..................................................................................................................................................12
Review proceedings
Article 27 ..................................................................................................................................................12
Enforcement of sentences
Article 28 ..................................................................................................................................................13
Pardon or commutation of sentences
Article 29 ..................................................................................................................................................13
Co-operation and judicial assistance
Article 30 ..................................................................................................................................................13
The status, privileges and immunities of the International Tribunal
Article 31 ..................................................................................................................................................13
Seat of the International Tribunal
Article 32 ..................................................................................................................................................13
Expenses of the International Tribunal
Article 33 ..................................................................................................................................................13
Working languages
Article 34 ..................................................................................................................................................13
Annual report​

5​

UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL
FOR THE FORMER YUGOSLAVIA​

(ADOPTED 25 MAY 1993 BY RESOLUTION 827)
(AS AMENDED 13 MAY 1998 BY RESOLUTION 1166)
(AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329)
(AS AMENDED 17 MAY 2002 BY RESOLUTION 1411)
(AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431)
(AS AMENDED 19 MAY 2003 BY RESOLUTION 1481)
AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597)
(AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660)
Having been established by the Security Council acting under Chapter VII of the Charter of the United
Nations, 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
(hereinafter referred to as “the International Tribunal”) shall function in accordance with the provisions of
the present Statute.​

Article 1
Competence of the International Tribunal​

The International Tribunal shall have the power to prosecute persons responsible for serious violations
of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in
accordance with the provisions of the present Statute.​

Article 2
Grave breaches of the Geneva Conventions of 1949​

The International Tribunal shall have the power to prosecute persons committing or ordering to be
committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts
against persons or property protected under the provisions of the relevant Geneva Convention:
(a) wilful killing;
(b) torture or inhuman treatment, including biological experiments;
(c) wilfully causing great suffering or serious injury to body or health;
(d) extensive destruction and appropriation of property, not justified by military necessity and carried
out unlawfully and wantonly;
(e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
(f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
(g) unlawful deportation or transfer or unlawful confinement of a civilian;
(h) taking civilians as hostages.​

Article 3
Violations of the laws or customs of war​

The International Tribunal shall have the power to prosecute persons violating the laws or customs of
war. Such violations shall include, but not be limited to:
(a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering;
(b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or
buildings;
(d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and
education, the arts and sciences, historic monuments and works of art and science;
(e) plunder of public or private property.​

Article 4
Genocide​

1. The International Tribunal 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;​

6​

(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 5
Crimes against humanity​

The International Tribunal shall have the power to prosecute persons responsible for the following
crimes when committed in armed conflict, whether international or internal in character, and directed
against any civilian population:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape;
(h) persecutions on political, racial and religious grounds;
(i) other inhumane acts.​

Article 6
Personal jurisdiction​

The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the
present Statute.​

Article 7
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 5 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 5 of the present Statute was committed by a
subordinate does not relieve his superior of criminal responsibility if he 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 of criminal responsibility, but may be considered in mitigation of punishment if the
International Tribunal determines that justice so requires.​

Article 8
Territorial and temporal jurisdiction​

The territorial jurisdiction of the International Tribunal shall extend to the territory of the former
Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The
temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991.​

7​

Article 9
Concurrent jurisdiction​

1. The International Tribunal and national courts shall have concurrent jurisdiction to prosecute persons
for serious violations of international humanitarian law committed in the territory of the former
Yugoslavia since 1 January 1991.
2. The International Tribunal shall have primacy over national courts. At any stage of the procedure,
the International Tribunal may formally request national courts to defer to the competence of the
International Tribunal in accordance with the present Statute and the Rules of Procedure and Evidence of
the International Tribunal.​

Article 10​

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
International Tribunal.
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 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 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 11
Organization of the International Tribunal​

The International Tribunal shall consist of the following organs:
(a) the Chambers, comprising three Trial Chambers and an Appeals Chamber;
(b) the Prosecutor; and
(c) a Registry, servicing both the Chambers and the Prosecutor.​

Article 12
Composition of the Chambers​

1. The Chambers shall be composed of a maximum of sixteen permanent independent judges,
no two of whom may be nationals of the same State, and a maximum at any one time of twelve​

​

​

​

ad
litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute,
no two of whom may be nationals of the same State.
2. A maximum at any one time of three permanent judges and six ad litem judges shall be members of
each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into
sections of three judges each, composed of both permanent and ad litem judges, except in the
circumstances specified in paragraph 5 below. A section of a Trial Chamber shall have the same powers
and responsibilities as a Trial Chamber under the Statute and shall render judgement in accordance with
the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal
could be regarded as a national of more than one State shall be deemed to be a national of the State
in which that person ordinarily exercises civil and political rights.
5. The Secretary-General may, at the request of the President of the International Tribunal
appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges
to be present at each stage of a trial to which they have been appointed and to replace a judge if
that judge is unable to continue sitting.
6. Without prejudice to paragraph 2 above, in the event that exceptional circumstances require for a​

8​

permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely comprised of​

ad litem​

​

​

​

​

judges, that section may continue to hear the case, notwithstanding that its composition no longer
includes a permanent judge.​

Article 13
Qualifications of judges​

The permanent and​

​

​

​

ad litem 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 and sections of the Trial 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.​

Article 13​

​

​

​

bis​

Election of permanent judges​

1. Fourteen of the permanent judges of the International Tribunal 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 International Tribunal
from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters;
(b) Within sixty 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 article 13 of the
Statute, no two of whom shall be of the same nationality and neither of whom shall be of
the same nationality as any judge who is a member of the Appeals Chamber and who was
elected or appointed a permanent judge of 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”) in accordance with article 12​

​

​

​

bis​

of the Statute of that Tribunal;
(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
twenty-eight and not more than forty-two candidates, taking due account of the adequate
representation 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 fourteen
permanent judges of the International Tribunal. 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.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or
appointed in accordance with this article, 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 article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of
four years. The terms and conditions of service shall be those of the judges of the International
Court of Justice. They shall be eligible for re-election.​

Article 13​

​

​

​

ter​

Election and appointment of​

​

​

​

ad litem judges​

1. The​

​

​

​

ad litem judges of the International Tribunal 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 ad litem judges of the International Tribunal
from States Members of the United Nations and non-member States maintaining permanent
observer missions at United Nations Headquarters.​

9​

(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate
up to four candidates meeting the qualifications set out in article 13 of the Statute, taking into
account the importance of a fair representation of female and male candidates.
(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 fifty-four
candidates, taking due account of the adequate representation of the principal legal systems of the
world and bearing in mind the importance of equitable geographical distribution.
(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 twenty-seven​

​

​

​

ad litem​

judges of the International Tribunal. 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.
(e) The​

​

​

​

ad litem judges shall be elected for a term of four years. They shall be eligible for re-election.
2. During any term, ad litem judges will be appointed by the Secretary-General, upon request of the
President of the International Tribunal, to serve in the Trial Chambers for one or more trials, for a
cumulative period of up to, but not including, three years. When requesting the appointment of any
particular ad litem judge, the President of the International Tribunal shall bear in mind the criteria set out
in article 13 of the Statute regarding the composition of the Chambers and sections of the Trial Chambers,
the considerations set out in paragraphs 1 (b) and (c) above and the number of votes the ad litem judge
received in the General Assembly.​

Article 13​

​

​

​

quater​

Status of​

​

​

​

ad litem judges​

1. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal;
(d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to try.
2. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the Tribunal or the
Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They
shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to article 19 of the Statute;
(iii) To consult with the President in relation to the assignment of judges pursuant to
article 14 of the Statute or in relation to a pardon or commutation of sentence
pursuant to article 28 of the Statute.
3. Notwithstanding, paragraphs 1 and 2 above, an​

​

​

​

ad litem judge who is serving as a reserve
judge shall, during such time as he or she so serves:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal;
(c) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the
same powers as permanent judges.
4. In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she
will, as of that time, benefit from the provisions of paragraph 1 above.​

1 0​

Article 14
Officers and members of the Chambers​

1. The permanent judges of the International Tribunal shall elect a President from amongst
their number.
2. The President of the International Tribunal shall be a member of the Appeals Chamber and
shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President
shall assign four of the permanent judges elected or appointed in accordance with Article 13​

​

​

​

bis of
the Statute to the Appeals Chamber and nine to the Trial Chambers.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed
in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President
of that Tribunal, in consultation with the President of the International Tribunal, to be members of
the Appeals Chamber and permanent judges of the International Tribunal.
5. After consultation with the permanent judges of the International Tribunal, the President
shall assign such ad litem judges as may from time to time be appointed to serve in the
International Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their
number, who shall oversee the work of the Trial Chamber as a whole.​

Article 15
Rules of procedure and evidence​

The judges of the International Tribunal shall adopt 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.​

Article 16
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 the former Yugoslavia
since 1 January 1991.
2. The Prosecutor shall act independently as a separate organ of the International Tribunal. He or she
shall not seek or receive instructions from any Government or from any other source.
3. The Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff as may
be required.
4. The Prosecutor shall be appointed by the Security Council on nomination by the Secretary-General.
He or she shall be of high moral character and possess the highest level of competence and experience in
the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall serve for a four-year
term and be eligible for reappointment. The terms and conditions of service of the Prosecutor shall be
those of an Under-Secretary-General of the United Nations.
5. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the
recommendation of the Prosecutor.​

Article 17
The Registry​

1. The Registry shall be responsible for the administration and servicing of the International Tribunal.
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. 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.​

1 1​

4. The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the
Registrar.​

Article 18
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 nongovernmental
organisations. 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 own choice, including the right
to have legal assistance assigned to him without payment by him in any such case if he does not have sufficient
means to pay for it, as well as to necessary translation into and from a language he 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 19
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 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 20
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, be taken into custody, immediately informed of the charges against
him and transferred to the International Tribunal.
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 21
Rights of the accused​

1. All persons shall be equal before the International Tribunal.
2. In the determination of charges against him, the accused shall be entitled to a fair and public hearing,
subject to article 22 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 understands of the nature and cause
of the charge against him;​

1 2​

(b) to have adequate time and facilities for the preparation of his defence and to communicate with
counsel of his own choosing;
(c) to be tried without undue delay;
(d) to be tried in his presence, and to defend himself in person or through legal assistance of his own
choosing; to be informed, if he does not have legal assistance, of this right; and to have legal
assistance assigned to him, in any case where the interests of justice so require, and without
payment by him in any such case if he does not have sufficient means to pay for it;
(e) to examine, or have examined, the witnesses against him and to obtain the attendance and
examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) to have the free assistance of an interpreter if he cannot understand or speak the language used in
the International Tribunal;
(g) not to be compelled to testify against himself or to confess guilt.​

Article 22
Protection of victims and witnesses​

The International Tribunal 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 23
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 24
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 the former Yugoslavia.
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 25
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 26
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 an application
for review of the judgement.​

Article 27
Enforcement of sentences​

Imprisonment shall be served in a State designated by the International Tribunal from a list of States
which have indicated to the Security Council their willingness to accept convicted persons. Such
imprisonment shall be in accordance with the applicable law of the State concerned, subject to the
supervision of the International Tribunal.​

1 3​

Article 28
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
accordingly. The President of the International Tribunal, in consultation with the judges, shall decide the
matter on the basis of the interests of justice and the general principles of law.​

Article 29
Co-operation and judicial assistance​

1. States shall co-operate with the International Tribunal 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.​

Article 30
The status, privileges and immunities of the International Tribunal​

1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 shall
apply to the International Tribunal, the judges, the Prosecutor and his staff, and the Registrar and his 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 of the International Tribunal shall be
accorded such treatment as is necessary for the proper functioning of the International Tribunal.​

Article 31
Seat of the International Tribunal​

The International Tribunal shall have its seat at The Hague.​

Article 32
Expenses of the International Tribunal​

The expenses of the International Tribunal shall be borne by the regular budget of the United Nations in
accordance with Article 17 of the Charter of the United Nations.​

Article 33
Working languages​

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

Article 34
Annual report​

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

1 4
1 5​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/808 (1993)
22 February 1993​

RESOLUTION 808 (1993)​

Adopted by the Security Council at its 3175th meeting,
on 22 February 1993
The Security Council,
Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,
Recalling paragraph 10 of its resolution 764 (1992) of 13 July 1992, in which it reaffirmed that all
parties are bound to comply with the obligations under international humanitarian law and in particular the
Geneva Conventions of 12 August 1949, and that persons who commit or order the commission of grave
breaches of the Conventions are individually responsible in respect of such breaches,
Recalling also its resolution 771 (1992) of 13 August 1992, in which,​

​

​

​

inter alia, it demanded that all
parties and others concerned in the former Yugoslavia, and all military forces in Bosnia and Herzegovina,
immediately cease and desist from all breaches of international humanitarian law,
Recalling further its resolution 780 (1992) of 6 October 1992, in which it requested the Secretary-
General to establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse
the information submitted pursuant to resolutions 771 (1992) and 780 (1992), together with such further
information as the Commission of Experts may obtain, with a view to providing the Secretary-General
with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of
international humanitarian law committed in the territory of the former Yugoslavia,
Having considered the interim report of the Commission of Experts established by resolution 780
(1992) (S/25274), in which the Commission observed that a decision to establish an ad hoc international
tribunal in relation to events in the territory of the former Yugoslavia would be consistent with the
direction of its work,
Expressing once again its grave alarm at continuing reports of widespread violations of international
humanitarian law occurring within the territory of the former Yugoslavia, including reports of mass
killings and the continuance of the practice of “ethnic cleansing”,
Determining that this situation constitutes 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 the former Yugoslavia the establishment of an
international tribunal would enable this aim to be achieved and would contribute to the restoration and
maintenance of peace,
Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee in the
International Conference on the Former Yugoslavia for the establishment of such a tribunal (S/25221),
Noting also with grave concern the “report of the European Community investigative mission into the
treatment of Muslim women in the former Yugoslavia” (S/25240, Annex 1),
Noting further the report of the committee of jurists submitted by France (S/25266), the report of the
commission of jurists submitted by Italy (S/25300), and the report transmitted by the Permanent​

1 6​

Representatives of Sweden on behalf of the Chairman-in-Office of the Conference on Security and
Cooperation in Europe (CSCE) (S/25307),
1. Decides that an international tribunal shall be established for the prosecution of persons responsible
for serious violations of international humanitarian law committed in the territory of the former
Yugoslavia since 1991;
2. Requests the Secretary-General to submit for consideration by the Council at the earliest possible
date, and if possible no later than 60 days after the adoption of the present resolution, a report on all the
aspects of this matter, including specific proposals and where appropriate options for the effective and
expeditious implementation of the decision contained in paragraph 1 above, taking into account
suggestions put forward in this regard by Member States;
3. Decides to remain actively seized of the matter.​

1 7​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/827 (1993)
25 May 1993​

RESOLUTION 827 (1993)​

Adopted by the Security Council at its 3217th meeting,
on 25 May 1993
The Security Council,
Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions,
Having considered the report of the Secretary-General (S/25704 and Add.1) pursuant to paragraph 2 of
resolution 808 (1993),
Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of
international humanitarian law occurring within the territory of the former Yugoslavia, and especially in
the Republic of Bosnia and Herzegovina, including reports of mass killings, massive, organized and
systematic detention and rape of women, and the continuance of the practice of “ethnic cleansing”,
including for the acquisition and the holding of territory,
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 the former Yugoslavia the establishment as an ad hoc
measure by the Council of an international tribunal and the prosecution of persons responsible for serious
violations of international humanitarian law would enable this aim to be achieved and would contribute to
the restoration and maintenance of peace,
Believing that the establishment of an international tribunal and the prosecution of persons responsible
for the above-mentioned violations of international humanitarian law will contribute to ensuring that such
violations are halted and effectively redressed,
Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the
International Conference on the Former Yugoslavia for the establishment of such a tribunal (S/25221),
Reaffirming in this regard its decision in resolution 808 (1993) that an international tribunal shall be
established for the prosecution of persons responsible for serious violations of international humanitarian
law committed in the territory of the former Yugoslavia since 1991,
Considering that, pending the appointment of the Prosecutor of the International Tribunal, the
Commission of Experts established pursuant to resolution 780 (1992) should continue on an urgent basis
the collection of information relating to evidence of grave breaches of the Geneva Conventions and other
violations of international humanitarian law as proposed in its interim report (S/25274),
Acting under Chapter VII of the Charter of the United Nations,
1. Approves the report of the Secretary-General;
2. Decides hereby to establish an international tribunal for the sole purpose of prosecuting persons
responsible for serious violations of international humanitarian law committed in the territory of the
former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the
restoration of peace and to this end to adopt the Statute of the International Tribunal annexed to the abovementioned
report;
3. Requests the Secretary-General to submit to the judges of the International Tribunal, upon their
election, any suggestions received from States for the rules of procedure and evidence called for in Article
15 of the Statute of the International Tribunal;​

1 8​

4. 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 29 of the Statute;
5. Urges States and intergovernmental and non-governmental organizations to contribute funds,
equipment and services to the International Tribunal, including the offer of expert personnel;
6. Decides that the determination of the seat of the International Tribunal is subject to the conclusion of
appropriate arrangements between the United Nations and the Netherlands acceptable to the Council, and
that the International Tribunal may sit elsewhere when it considers it necessary for the efficient exercise of
its functions;
7. Decides also that the work of the International Tribunal shall be carried out without prejudice to the
right of the victims to seek, through appropriate means, compensation for damages incurred as a result of
violations of international humanitarian law;
8. Requests the Secretary-General to implement urgently the present resolution and in particular to
make practical arrangements for the effective functioning of the International Tribunal at the earliest time
and to report periodically to the Council;
9. Decides to remain actively seized of the matter.​

1 9​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1166 (1998)
13 May 1998​

RESOLUTION 1166 (1998)​

Adopted by the Security Council at its 3878th meeting,
on 13 May 1998
The Security Council,
Reaffirming its resolution 827 (1993) of 25 May 1993,
Remaining convinced that the prosecution of persons responsible for serious violations of international
humanitarian law committed in the territory of the former Yugoslavia contributes to the restoration and
maintenance of peace in the former Yugoslavia,
Having considered the letter from the Secretary-General to the President of the Security Council dated
5 May 1998 (S/1998/376),
Convinced of the need to increase the number of judges and Trial Chambers, in order to enable 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 (“the International
Tribunal”) to try without delay the large number of accused awaiting trial,
Noting the significant progress being made in improving the procedures of the International Tribunal,
and convinced of the need for its organs to continue their efforts to further such progress,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to establish a third Trial Chamber of the International Tribunal, and to this end decides to
amend articles 11, 12 and 13 of the Statute of the International Tribunal and to replace those articles with
the provisions set out in the annex to this resolution;
2. Decides that three additional judges shall be elected as soon as possible to serve in the additional
Trial Chamber, and decides also, without prejudice to article 13.4 of the Statute of the International
Tribunal, that once elected they shall serve until the date of the expiry of the terms of office of the existing
judges, and that for the purpose of that election the Security Council shall, notwithstanding article 13.2 (c)
of the Statute, establish a list from the nominations received of not less than six and not more than nine
candidates;
3. Urges all States to cooperate fully with the International Tribunal and its organs in accordance with
their obligations under resolution 827 (1993) and the Statute of the International Tribunal and welcomes
the cooperation already extended to the Tribunal in the fulfilment of its mandate;
4. Requests the Secretary-General to make practical arrangements for the elections mentioned in
paragraph 2 above and for enhancing the effective functioning of the International Tribunal, including the
timely provision of personnel and facilities, in particular for the third Trial Chamber and related offices of
the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this
regard;
5. Decides to remain actively seized of the matter.​

2 0​

ANNEX
Article 11
Organization of the International Tribunal​

The International Tribunal shall consist of the following organs:
(a) the Chambers, comprising three Trial Chambers and an Appeals Chamber;​

(b) the Prosecutor; and
(c) a Registry, servicing both the Chambers and the Prosecutor.
Article 12
Composition of the Chambers​

The Chambers shall be composed of fourteen 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; and​

(b) five judges shall serve in the Appeals Chamber.
Article 13
Qualifications 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 judges of the International Tribunal 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 International Tribunal from
States Members of the United Nations and non-member States maintaining permanent observer
missions at United Nations Headquarters.​

(b) Within sixty 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.
(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
twenty-eight and not more than forty-two candidates, taking due account of the adequate
representation 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 fourteen
Judges of the International Tribunal. 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.
3. In the event of a vacancy in the 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.​

4. The judges shall be elected for a term of four years. The terms and conditions of service shall be
those of the judges of the International Court of Justice. They shall be eligible for re-election.
________​

2 1​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1329 (2000)
30 November 2000​

RESOLUTION 1329 (2000)​

Adopted by the Security Council at its 4240th meeting,
on 30 November 2000
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993 and 955 (1994) of 8 November 1994,
Remaining convinced that the prosecution of persons responsible for serious violations of
international humanitarian law committed in the territory of the former Yugoslavia contributes to
the restoration and maintenance of peace in the former Yugoslavia,
Remaining convinced also that in the particular circumstances of Rwanda the prosecution of
persons responsible for genocide and other serious violations of international humanitarian law
contributes to the process of national reconciliation and to the restoration and maintenance of
peace in Rwanda and in the region,
Having considered the letter from the Secretary-General to the President of the Security Council
dated 7 September 2000 (S/2000/865) and the annexed letters from the President of the
International Tribunal for the Former Yugoslavia addressed to the Secretary-General dated 12 May
2000 and from the President of the International Tribunal for Rwanda dated 14 June 2000,
Convinced of the need to establish a pool of​

​

​

​

ad litem judges in the International Tribunal for the
Former Yugoslavia and to increase the number of judges in the Appeals Chambers of the
International Tribunals in order to enable the International Tribunals to expedite the conclusion of
their work at the earliest possible date,
Noting the significant progress being made in improving the procedures of the International
Tribunals, and convinced of the need for their organs to continue their efforts to further such
progress,
Taking note of the position expressed by the International Tribunals that civilian, military and
paramilitary leaders should be tried before them in preference to minor actors,
Recalling that the International Tribunals and national courts have concurrent jurisdiction to
prosecute persons for serious violations of international humanitarian law, and noting that the
Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia provide
that a Trial Chamber may decide to suspend an indictment to allow for a national court to deal
with a particular case,
Taking note with appreciation of the efforts of the judges of the International Tribunal for the
Former Yugoslavia, as reflected in annex I to the letter from the Secretary-General of 7 September
2000, to allow competent organs of the United Nations to begin to form a relatively exact idea of
the length of the mandate of the Tribunal,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to establish a pool of ad litem judges in the International Tribunal for the Former
Yugoslavia and to enlarge the membership of the Appeals Chambers of the International Tribunal
for the Former Yugoslavia and the International Tribunal for Rwanda, and to this end decides to
amend articles 12, 13 and 14 of the Statute of the International Tribunal for the Former Yugoslavia
and to replace those articles with the provisions set out in annex I to this resolution and decides
also to amend articles 11, 12 and 13 of the Statute of the International Tribunal for Rwanda and to
replace those articles with the provisions set out in annex II to this resolution;​

2 2​

2.Decides that two additional judges shall be elected as soon as possible as judges of the
International Tribunal for Rwanda and decides also, without prejudice to Article 12, paragraph 4,
of the Statute of that Tribunal, that, once elected, they shall serve until the date of the expiry of the
terms of office of the existing judges, and that for the purpose of that election the Security Council
shall, notwithstanding Article 12, paragraph 2 (c) of the Statute, establish a list from the
nominations received of not less than four and not more than six candidates;
3. Decides that, once two judges have been elected in accordance with paragraph 2 above and
have taken up office, the President of the International Tribunal for Rwanda shall, in accordance
with Article 13, paragraph 3, of the Statute of the International Tribunal for Rwanda and Article
14, paragraph 4, of the Statute of the International Tribunal for the Former Yugoslavia, take the
necessary steps as soon as is practicable to assign two of the judges elected or appointed in
accordance with Article 12 of the Statute of the International Tribunal for Rwanda to be members
of the Appeals Chambers of the International Tribunals;
4. Requests the Secretary-General to make practical arrangements for the elections mentioned in
paragraph 2 above, for the election as soon as possible of twenty-seven​

​

​

​

ad litem judges in
accordance with Article 13 ter of the Statute of the International Tribunal for the Former
Yugoslavia, and for the timely provision to the International Tribunal for the Former Yugoslavia
and the International Tribunal for Rwanda of personnel and facilities, in particular, for the ad litem​

judges and the Appeals Chambers and related offices of the Prosecutor, and further requests him to
keep the Security Council closely informed of progress in this regard;
5. Urges all States to cooperate fully with the International Tribunals and their organs in
accordance with their obligations under resolutions 827 (1993) and 955 (1994) and the Statutes of
the International Tribunals, and​

​

​

​

welcomes the cooperation already extended to the Tribunals in the
fulfilment of their mandates;
6. Requests the Secretary-General to submit to the Security Council, as soon as possible, a
report containing an assessment and proposals regarding the date ending the temporal jurisdiction
of the International Tribunal for the Former Yugoslavia;
7. Decides to remain actively seized of the matter.​

2 3​

Annex I
Article 12
Composition of the Chambers​

1​

​

​

​

. The Chambers shall be composed of sixteen permanent independent judges, no two of whom
may be nationals of the same State, and a maximum at any one time of nine ad litem​

independent judges appointed in accordance with article 13​

​

​

​

ter, paragraph 2, of the Statute,
no two of whom may be nationals of the same State​

.​

2​

​

​

​

. Three permanent judges and a maximum at any one time of six ad litem judges shall be
members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned
may be divided into sections of three judges each, composed of both permanent and ad litem​

judges. A section of a Trial Chamber shall have the same powers and responsibilities as a
Trial Chamber under the Statute and shall render judgement in accordance with the same
rules.​

3​

​

​

​

. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.​

Article 13
Qualifications of judges​

The​

​

​

​

permanent and ad litem 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 and sections of the Trial
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.​

Article 13​

​

​

​

bis​

Election of permanent judges​

1​

​

​

​

. Fourteen of the permanent judges of the International Tribunal 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 International Tribunal
from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters.
(b) Within sixty 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 article 13 of the
Statute, no two of whom shall be of the same nationality and neither of whom shall be of
the same nationality as any judge who is a member of the Appeals Chamber and who was
elected or appointed a judge of 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”) in accordance with article 12 bis of the
Statute of that Tribunal.
(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
twenty-eight and not more than forty-two candidates, taking due account of the adequate
representation 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 fourteen
permanent judges of the International Tribunal. 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.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or
appointed in accordance with this article, 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 article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of
four years. The terms and conditions of service shall be those of the judges of the International
Court of Justice. They shall be eligible for re-election.​

2 4​

Article 13​

​

​

​

ter​

Election and appointment of​

​

​

​

ad litem judges​

1​

​

​

​

. The ad litem judges of the International Tribunal 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 ad litem judges of the International
Tribunal from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters.
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to four candidates meeting the qualifications set out in article 13 of the
Statute, taking into account the importance of a fair representation of female and male
candidates.
(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
fifty-four candidates, taking due account of the adequate representation of the principal
legal systems of the world and bearing in mind the importance of equitable geographical
distribution.
(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 twenty-seven​

ad litem​

​

​

​

​

judges of the International Tribunal. 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.
(e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for
re-election.
2. During their term, ad litem judges will be appointed by the Secretary-General, upon request
of the President of the International Tribunal, to serve in the Trial Chambers for one or more trials,
for a cumulative period of up to, but not including, three years. When requesting the appointment
of any particular ad litem judge, the President of the International Tribunal shall bear in mind the
criteria set out in article 13 of the Statute regarding the composition of the Chambers and sections
of the Trial Chambers, the considerations set out in paragraphs 1 (b) and (c) above and the number
of votes the ad litem judge received in the General Assembly.​

Article 13​

​

​

​

quater​

Status of​

​

​

​

ad litem judges​

1​

​

​

​

. During the period in which they are appointed to serve in the International Tribunal, ad litem​

judges shall:
(a) benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal;
(c) enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal.
2​

​

​

​

. During the period in which they are appointed to serve in the International Tribunal, ad litem​

judges shall not:
(a) be eligible for election as, or to vote in the election of, the President of the Tribunal or the
Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;
(b) have power:
(i) to adopt rules of procedure and evidence pursuant to article 15 of the Statute. They
shall, however, be consulted before the adoption of those rules;
(ii) to review an indictment pursuant to article 19 of the Statute;
(iii) to consult with the President in relation to the assignment of judges pursuant to
article 14 of the Statute or in relation to a pardon or commutation of sentence
pursuant to article 28 of the Statute;
(iv) to adjudicate in pre-trial proceedings.​

Article 14
Officers and members of the Chambers​

1​

​

​

​

. The permanent judges of the International Tribunal shall elect a President from amongst their
number.​

2 5​

2​

​

​

​

. The President of the International Tribunal shall be a member of the Appeals Chamber and
shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President shall
assign four of the permanent judges elected or appointed in accordance with Article 13 bis of the
Statute to the Appeals Chamber and nine to the Trial Chambers.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed
in accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President
of that Tribunal, in consultation with the President of the International Tribunal, to be members of
the Appeals Chamber and permanent judges of the International Tribunal.
5. After consultation with the permanent judges of the International Tribunal, the President
shall assign such ad litem judges as may from time to time be appointed to serve in the
International Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst
their number, who shall oversee the work of the Trial Chamber as a whole.​

2 6​

Annex II
Article 11
Composition of the Chambers​

The Chambers shall be composed of​

​

​

​

sixteen 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) seven judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for
each appeal, be composed of five of its members.​

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. Eleven of the judges 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 from States Members of the
United Nations and non-member States maintaining permanent observer missions at
United Nations Headquarters.
(b) Within sixty 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 who is a member of the Appeals Chamber and who was elected or
appointed a permanent judge 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 (hereinafter referred to as “the International
Tribunal for the Former Yugoslavia”) in accordance with article 13 bis of the Statute of
that Tribunal.
(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​

twenty-two​

​

​

​

​

and not more than thirty-three candidates, taking due account of the 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 eleven judges of
the International Tribunal for Rwanda. 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.
3. In the event of a vacancy in the Chambers amongst the judges elected or appointed in
accordance with this article, 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.
4. The judges elected in accordance with this article 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. The President of the International Tribunal for Rwanda shall be a member of one of its Trial
Chambers.
3. After consultation with the judges of the International Tribunal for Rwanda, the President
shall assign two of the judges elected or appointed in accordance with Article 12 of the present
Statute to be members of the Appeals Chamber of the International Tribunal for the Former​

2 7​

Yugoslavia and eight to​

​

​

​

​

the Trial Chambers of the International Tribunal for Rwanda. A judge
shall serve only in the Chamber to which he or she was assigned.
4. The members of the Appeals Chamber of the International Tribunal for the Former
Yugoslavia shall also serve as the members of the Appeals Chamber of the International Tribunal
for Rwanda.
5. 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.​

2 8
2 9​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1411 (2002)
17 May 2002​

RESOLUTION 1411 (2002)​

Adopted by the Security Council at its 4535th meeting,
on 17 May 2002
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998)
of 30 April 1998, 1166 (1998) of 13 May 1998 and 1329 (2000) of 30 November 2000,
Recognizing that persons who are nominated for, or who are elected or appointed as, judges of the
International Tribunal for the Former Yugoslavia or of the International Tribunal for Rwanda may bear the
nationalities of two or more States,
Being aware that at least one such person has already been elected a judge of one of the International
Tribunals,
Considering that, for the purposes of membership of the Chambers of the International Tribunals, such
persons should be regarded as bearing solely the nationality of the State in which they ordinarily exercise
civil and political rights,
Acting under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 12 of the Statute of the International Tribunal for the former Yugoslavia
and to replace that article with the provisions set out in annex I to this resolution;
2. Decides also to amend article 11 of the Statute of the International Tribunal for Rwanda and to
replace that article with the provisions set out in annex II to this resolution;
3. Decides to remain actively seized of the matter.​

3 0​

ANNEX I
Article 12
Composition of the Chambers​

1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom may be
nationals of the same State, and a maximum at any one time of nine​

​

​

​

ad litem independent judges
appointed in accordance with article 13 ter, paragraph 2, of the Statute, no two of whom may be nationals
of the same State.
2. Three permanent judges and a maximum at any one time of six ad litem judges shall be members of
each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may be divided into
sections of three judges each, composed of both permanent and ad litem judges. A section of a Trial
Chamber shall have the same powers and responsibilities as a Trial Chamber under the Statute and shall
render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals Chamber
shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal
could be regarded as a national of more than one State shall be deemed to be a national of the State
in which that person ordinarily exercises civil and political rights.​

3 1​

ANNEX II
Article 11
Composition of the Chambers​

1. The Chambers shall be composed of sixteen 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) seven judges shall be members of the Appeals Chamber. The Appeals Chamber shall, for each
appeal, be composed of five of its members.
2.​

​

​

​

A person who for the purposes of membership of the Chambers of the International Tribunal
for Rwanda could be regarded as a national of more than one State shall be deemed to be a national
of the State in which that person ordinarily exercises civil and political rights.​

3 2
3 3​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1431 (2002)
14 August 2002​

RESOLUTION 1431 (2002)​

Adopted by the Security Council at its 4601st meeting,
on 14 August 2002
The Security Council,
Reaffirming its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165 (1998)
of 30 April 1998, 1166 (1998) of 13 May 1998 and 1329 (2000) of 30 November 2000,​

Reaffirming​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 1165
(1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000 and
1411 (2002) of 17 May 2002,​

Having considered​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 14 September 2001 (S/2001/764) and the annexed letter from the President of the
International Tribunal for Rwanda addressed to the Secretary-General dated 9 July 2001,​

Having considered also​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 4 March 2002 (S/2002/241) and the annexed letter from the President of the
International Tribunal for Rwanda addressed to the Secretary-General dated 6 February 2002,​

Convinced​

​

​

​

​

of the need to establish a pool of ad litem judges in the International Tribunal for
Rwanda in order to enable the International Tribunal for Rwanda to expedite the conclusion of its
work at the earliest possible date and determined to follow closely the progress of the operation of
the International Tribunal for Rwanda,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides to establish a pool of ad litem judges in the International Tribunal for Rwanda,
and to this end decides to amend articles 11, 12 and 13 of the Statute of the International Tribunal
for Rwanda and to replace those articles with the provisions set out in annex I to this resolution
and decides also to amend articles 13 bis and 14 of the Statute of the International Tribunal for the
Former Yugoslavia and to replace those articles with the provisions set out in annex II to this
resolution;
2. Requests the Secretary-General to make practical arrangements for the election as soon as
possible of eighteen ad litem judges in accordance with Article 12 ter of the Statute of the
International Tribunal for Rwanda and for the timely provision to the International Tribunal for
Rwanda of personnel and facilities, in particular, for the ad litem judges and related offices of the
Prosecutor, and further requests him to keep the Security Council closely informed of progress in
this regard;
3. Urges all States to cooperate fully with the International Tribunal for Rwanda and its
organs in accordance with their obligations under resolution 955 (1994) and the Statute of the
International Tribunal for Rwanda;
4. Decides to remain actively seized of the matter.​

3 4​

International Tribunal for Rwanda
Annex I
Article 11
Composition of the Chambers​

1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom
may be nationals of the same State, and a maximum at any one time of four​

​

​

​

ad litem independent
judges appointed in accordance with article 12 ter, paragraph 2, of the present Statute, no two of
whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of four ad litem judges shall be
members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may
be divided into sections of three judges each, composed of both permanent and ad litem judges. A
section of a Trial Chamber shall have the same powers and responsibilities as a Trial Chamber
under the present Statute and shall render judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal
for Rwanda could be regarded as a national of more than one State shall be deemed to be a
national of the State in which that person ordinarily exercises civil and political rights.​

Article 12
Qualifications of judges​

The permanent and​

​

​

​

ad litem 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 and sections of the Trial
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.​

Article 12​

​

​

​

bis​

Election of permanent judges​

1. Eleven of the permanent judges 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 permanent judges of the International
Tribunal for Rwanda from States Members of the United Nations and non-member States
maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty 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 article 12 of the
present Statute, no two of whom shall be of the same nationality and neither of whom
shall be of the same nationality as any judge who is a member of the Appeals Chamber
and who was elected or appointed a permanent judge 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 (hereinafter referred
to as “the International Tribunal for the Former Yugoslavia”) in accordance with article 13​

bis​

​

​

​

​

of the Statute of that Tribunal;
(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
twenty-two and not more than thirty-three candidates, taking due account of the 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 eleven
permanent judges of the International Tribunal for Rwanda. 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​

3 5​

obtain the required majority vote, the one who received the higher number of votes shall
be considered elected.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed
in accordance with this article, 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 article 12 of the present Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four
years. The terms and conditions of service shall be those of the permanent judges of the
International Tribunal for the Former Yugoslavia. They shall be eligible for re-election.​

Article 12​

​

​

​

ter​

Election and appointment of​

​

​

​

ad litem judges​

1. The​

​

​

​

ad litem judges 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 ad litem judges of the International
Tribunal for Rwanda from States Members of the United Nations and non-member States
maintaining permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to four candidates meeting the qualifications set out in article 12 of the
present Statute, taking into account the importance of a fair representation of female and
male candidates;
(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
thirty-six candidates, taking due account of the adequate representation of the principal
legal systems of the world and bearing in mind the importance of equitable geographical
distribution;
(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 eighteen ad
litem judges of the International Tribunal for Rwanda. 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;
(e) The ad litem judges shall be elected for a term of four years. They shall not be eligible for
re-election.
2. During their term, ad litem judges will be appointed by the Secretary-General, upon request of
the President of the International Tribunal for Rwanda, to serve in the Trial Chambers for one or
more trials, for a cumulative period of up to, but not including, three years. When requesting the
appointment of any particular ad litem judge, the President of the International Tribunal for
Rwanda shall bear in mind the criteria set out in article 12 of the present Statute regarding the
composition of the Chambers and sections of the Trial Chambers, the considerations set out in
paragraphs 1 (b) and (c) above and the number of votes the ad litem judge received in the General
Assembly.​

Article 12​

​

​

​

quater​

Status of​

​

​

​

ad litem judges​

1. During the period in which they are appointed to serve in the International Tribunal for
Rwanda,​

​

​

​

ad litem judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal for Rwanda;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal for Rwanda;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal for Rwanda.
2. During the period in which they are appointed to serve in the International Tribunal for
Rwanda, ad litem judges shall not:​

3 6​

(a) Be eligible for election as, or to vote in the election of, the President of the International
Tribunal for Rwanda or the Presiding Judge of a Trial Chamber pursuant to article 13 of
the present Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 14 of the present
Statute. They shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to Article 18 of the present Statute;
(iii) To consult with the President of the International Tribunal for Rwanda in relation to
the assignment of judges pursuant to article 13 of the present Statute or in relation to
a pardon or commutation of sentence pursuant to article 27 of the present Statute;
(iv) To adjudicate in pre-trial proceedings.​

Article 13
Officers and members of the Chambers​

1. The permanent judges of the International Tribunal for Rwanda shall elect a President from
amongst their number.
2. The President of the International Tribunal for Rwanda shall be a member of one of its Trial
Chambers.
3. After consultation with the permanent judges of the International Tribunal for Rwanda, the
President shall assign two of the permanent judges elected or appointed in accordance with Article
12​

​

​

​

bis of the present Statute to be members of the Appeals Chamber of the International Tribunal
for the Former Yugoslavia and eight to the Trial Chambers of the International Tribunal for
Rwanda.
4. The members of the Appeals Chamber of the International Tribunal for the Former Yugoslavia
shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.
5. After consultation with the permanent judges of the International Tribunal for Rwanda, the
President shall assign such ad litem judges as may from time to time be appointed to serve in the
International Tribunal for Rwanda to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their
number, who shall oversee the work of that Trial Chamber as a whole.​

3 7​

International Tribunal for the Former Yugoslavia
Annex II
Article 13​

​

​

​

bis​

Election of permanent judges​

1. Fourteen of the permanent judges of the International Tribunal 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 International Tribunal
from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters;
(b) Within sixty 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 article 13 of the
Statute, no two of whom shall be of the same nationality and neither of whom shall be of
the same nationality as any judge who is a member of the Appeals Chamber and who was
elected or appointed a permanent judge of 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”) in accordance with article 12​

​

​

​

bis​

of the Statute of that Tribunal;
(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
twenty-eight and not more than forty-two candidates, taking due account of the adequate
representation 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 fourteen
permanent judges of the International Tribunal. 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.
2. In the event of a vacancy in the Chambers amongst the permanent judges elected or appointed
in accordance with this article, 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 article 13 of the Statute, for the remainder of the term of office concerned.
3. The permanent judges elected in accordance with this article shall be elected for a term of four
years. The terms and conditions of service shall be those of the judges of the International Court
of Justice. They shall be eligible for re-election.​

Article 14
Officers and members of the Chambers​

1. The permanent judges of the International Tribunal shall elect a President from amongst their
number.
2. The President of the International Tribunal shall be a member of the Appeals Chamber and
shall preside over its proceedings.
3. After consultation with the permanent judges of the International Tribunal, the President shall
assign four of the permanent judges elected or appointed in accordance with Article 13​

​

​

​

bis of the
Statute to the Appeals Chamber and nine to the Trial Chambers.
4. Two of the permanent judges of the International Tribunal for Rwanda elected or appointed in
accordance with article 12 bis of the Statute of that Tribunal shall be assigned by the President of
that Tribunal, in consultation with the President of the International Tribunal, to be members of
the Appeals Chamber and permanent judges of the International Tribunal.​

3 8​

5. After consultation with the permanent judges of the International Tribunal, the President shall
assign such​

​

​

​

ad litem judges as may from time to time be appointed to serve in the International
Tribunal to the Trial Chambers.
6. A judge shall serve only in the Chamber to which he or she was assigned.
7. The permanent judges of each Trial Chamber shall elect a Presiding Judge from amongst their
number, who shall oversee the work of the Trial Chamber as a whole.​

3 9​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1481 (2003)
19 May 2003​

RESOLUTION 1481 (2003)
Adopted by the Security Council at its 4759th meeting,
on 19 May 2003​

The Security Council​

​

​

​

​

,​

Reaffirming​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 1166 (1998) of 13 May 1998, 1329
(2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and 1431 (2002) of 14 August 2002,​

Having considered​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 18 March 2002 (S/2002/304) and the annexed letter from the President of the
International Tribunal for the Former Yugoslavia addressed to the Secretary-General dated 12
March 2002,​

Having considered also​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 7 May 2003 (S/2003/530) and the annexed letter from the President of the
International Tribunal for the Former Yugoslavia addressed to the President of the Security
Council dated 1 May 2003,​

Convinced​

​

​

​

​

of the advisability of enhancing the powers of ad litem judges in the International
Tribunal for the Former Yugoslavia so that, during the period of their appointment to a trial, they
might also adjudicate in pre-trial proceedings in other cases, should the need arise and should they
be in a position to do so,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 13 quater of the Statute of the International Tribunal for the
Former Yugoslavia and to replace that article with the provisions set out in the annex to this
resolution;
2. Decides to remain seized of the matter.​

4 0​

Annex
Article 13​

​

​

​

quater​

Status of​

​

​

​

ad litem judges​

1. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal;​

(d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that
they have been appointed to try.​

2. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the Tribunal or the
Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They
shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to article 19 of the Statute;
(iii) To consult with the President in relation to the assignment of judges pursuant to
article 14 of the Statute or in relation to a pardon or commutation of sentence
pursuant to article 28 of the Statute.​

4 1​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1597 (2005)
20 April 2005​

RESOLUTION 1597 (2005)
Adopted by the Security Council at its 5165th meeting,
on 20 April 2005​

The Security Council​

​

​

​

​

,​

Reaffirming​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 1166 (1998) of 13 May 1998, 1329
(2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1481
(2003) of 19 May 2003, 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004,​

Having considered​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 24 February 2005 (S/2005/127) transmitting the list of candidates for election as ad
litem judges of the International Tribunal for the Former Yugoslavia,​

Noting​

​

​

​

​

that the Secretary-General had suggested that the deadline for nominations be extended
until 31 March 2005 and the President’s reply of 14 March 2005 (S/2005/159) indicating that the
Security Council had agreed to the extension of the deadline,​

Having considered also​

​

​

​

​

the letter from the Secretary-General to the President of the Security
Council dated 11 April 2005 (S/2005/236) that suggested that the deadline for the nomination of
candidates for election as ad litem judges be further extended,​

Noting​

​

​

​

​

that the number of candidates continues to fall short of the minimum number required
by the Statute of the Tribunal to be elected,​

Considering​

​

​

​

​

that the 27 ad litem judges elected by the General Assembly at its 102nd plenary
meeting on 12 June 2001 whose term of office expires on 11 June 2005, should be eligible for reelection
and wishing to amend the Statute for that purpose,​

Noting​

​

​

​

​

that, should the cumulative period of service of an ad litem judge of the International
Tribunal for the Former Yugoslavia amount to three years or more, this will not result in any
change in their entitlements or benefits and, in particular, will not give rise to any additional
entitlements or benefits other than those that already exist and which will, in such an eventuality,
be extended pro-rata by virtue of the extension of service,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 13 ter of the Statute of the International Tribunal for the Former
Yugoslavia and to replace that article with the provision set out in the annex to this
resolution;
2. Decides further to the Secretary-General’s letter of 11 April 2005 (S/2005/236) to extend
the deadline for nominations of ad litem judges under the amended provision of the Statute
for a further 30 days from the date of the adoption of this resolution;
3. Decides to remain actively seized of the matter.​

4 2​

Annex
Article 13​

​

​

​

ter​

Election and appointment of​

​

​

​

ad litem judges​

1. The​

​

​

​

ad litem judges of the International Tribunal 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 ad litem judges of the International
Tribunal from States Members of the United Nations and non-member States maintaining
permanent observer missions at United Nations Headquarters;
(b) Within sixty days of the date of the invitation of the Secretary-General, each State may
nominate up to four candidates meeting the qualifications set out in article 13 of the
Statute, taking into account the importance of a fair representation of female and male
candidates;
(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
fifty-four candidates, taking due account of the adequate representation of the principal
legal systems of the world and bearing in mind the importance of equitable distribution;
(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 twenty-seven​

ad litem​

​

​

​

​

judges of the International Tribunal. 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;
(e) The ad litem judges shall be declared elected for a term of four years. They shall be
eligible for re-election.
2. During any term, ad litem judges will be appointed by the Secretary-General, upon request of
the President of the International Tribunal, to serve in the Trial Chambers for one or more trials,
for a cumulative period of up to, but not including three years. When requesting the appointment
of any particular ad litem judge, the President of the International Tribunal shall bear in mind the
criteria set out in article 13 of the Statute regarding the composition of the Chambers and sections
of the Trial Chambers, the considerations set out in paragraph 1 (b) and (c) above and the number
of votes the ad litem judge received in the General Assembly.​

4 3​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1660 (2006)
28 February 2006​

RESOLUTION 1660 (2006)
Adopted by the Security Council at its 5382nd meeting,
on 28 February 2006​

The Security Council​

​

​

​

​

,​

Reaffirming​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 1166 (1998) of 13 May 1998, 1329
(2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1481
(2003) of 19 May 2003, 1503 (2003) of 28 August 2003, 1534 (2004) of 26 March 2004 and of
1597 (2005) of 20 April 2005,​

Having considered​

​

​

​

​

the proposal made by the President of the International Tribunal for the
Former Yugoslavia that the Secretary-General at the request of the President appoint reserve
judges from among the ad litem judges elected in accordance with Article 13 ter, to be present at
each stage of a trial to which they have been appointed and to replace a judge if that judge is
unable to continue sitting,​

Convinced​

​

​

​

​

of the advisability of allowing the Secretary-General to appoint reserve judges to
specific trials at the International Tribunal for the Former Yugoslavia when so requested by the
President of the Tribunal,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides to amend article 12 and article 13 quater of the Statute of the International Tribunal
for the Former Yugoslavia and to replace those articles with the provisions set out in the
annex to this resolution;
2. Decides to remain seized of the matter.​

4 4​

Annex
Article 12
Composition of the Chambers​

1. The Chambers shall be composed of sixteen permanent independent judges, no two of whom
may be nationals of the same State, and a maximum at any one time of twelve​

​

​

​

ad litem​

independent judges appointed in accordance with article 13​

​

​

​

ter, paragraph 2, of the Statute, no two
of whom may be nationals of the same State.
2. Three permanent judges and a maximum at any one time of nine ad litem judges shall be
members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may
be divided into sections of three judges each, composed of both permanent and ad litem judges,
except in the circumstances specified in paragraph 5 below. A section of a Trial Chamber shall
have the same powers and responsibilities as a Trial Chamber under the Statute and shall render
judgement in accordance with the same rules.
3. Seven of the permanent judges shall be members of the Appeals Chamber. The Appeals
Chamber shall, for each appeal, be composed of five of its members.
4. A person who for the purposes of membership of the Chambers of the International Tribunal
could be regarded as a national of more than one State shall be deemed to be a national of the State
in which that person ordinarily exercises civil and political rights.
5. The Secretary-General may, at the request of the President of the International Tribunal
appoint, from among the ad litem judges elected in accordance with Article 13 ter, reserve judges
to be present at each stage of a trial to which they have been appointed and to replace a judge if
that judge is unable to continue sitting.
6. Without prejudice to paragraph 2 above, in the event that exceptional circumstances require for a
permanent judge in a section of a Trial Chamber to be replaced resulting in a section solely comprised of​

ad litem​

​

​

​

​

judges, that section may continue to hear the case, notwithstanding that its composition no longer
includes a permanent judge.​

Article 13​

​

​

​

quater​

Status of​

​

​

​

ad litem judges​

1. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) Enjoy, subject to paragraph 2 below, the same powers as the permanent judges of the
International Tribunal;
(c) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal;
(d) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to try.
2. During the period in which they are appointed to serve in the International Tribunal,​

​

​

​

ad litem​

judges shall not:
(a) Be eligible for election as, or to vote in the election of, the President of the Tribunal or the
Presiding Judge of a Trial Chamber pursuant to article 14 of the Statute;
(b) Have power:
(i) To adopt rules of procedure and evidence pursuant to article 15 of the Statute. They
shall, however, be consulted before the adoption of those rules;
(ii) To review an indictment pursuant to article 19 of the Statute;​

4 5​

(iii) To consult with the President in relation to the assignment of judges pursuant to article
14 of the Statute or in relation to a pardon or commutation of sentence pursuant to
article 28 of the Statute.
3. Notwithstanding, paragraphs 1 and 2 above, an​

​

​

​

ad litem judge who is serving as a reserve judge
shall, during such time as he or she so serves:
(a) Benefit from the same terms and conditions of service mutatis mutandis as the permanent
judges of the International Tribunal;
(b) Enjoy the privileges and immunities, exemptions and facilities of a judge of the
International Tribunal;
(c) Enjoy the power to adjudicate in pre-trial proceedings in cases other than those that they
have been appointed to and for that purpose to enjoy subject to paragraph 2 above, the same
powers as permanent judges.
4. In the event that a reserve judge replaces a judge who is unable to continue sitting, he or she
will, as of that time, benefit from the provisions of paragraph 1 above.​

4 6
4 7​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1837 (2008)
29 September 2008​

RESOLUTION 1837 (2008)
Adopted by the Security Council at its 5986th meeting,
on 29 September 2008​

The Security Council​

​

​

​

​

,​

Taking note​

​

​

​

​

of the letter to the President of the Council from the Secretary-General dated 24
September 2008, attaching two letters to him from the President of the International Tribunal for
the former Yugoslavia (“the Tribunal”) dated 5 June 2008 and 1 September 2008 (S/2008/621),​

Recalling​

​

​

​

​

its resolutions 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613
(2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006,
1668 (2006) of 10 April 2006, and 1800 (2008) of 20 February 2008,​

Recalling​

​

​

​

​

in particular its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26
March 2004, in which the Security Council calls on the Tribunal to take all possible measures to
complete investigations by the end of 2004, to complete all trial activities at first instance by the
end of 2008, and to complete all work in 2010,​

Expressing​

​

​

​

​

its determination to support the efforts made by the Tribunal toward the completion
of its trial work at the earliest date,​

Expressing​

​

​

​

​

its expectation that the extension of the terms of office of the judges concerned will
enhance the effectiveness of trial proceedings and contribute towards the implementation of the
Completion Strategy,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides to extend the terms of office of the following permanent judges at the Tribunal
who are members of the Appeals Chamber until 31 December 2010, or until the completion of the
cases before the Appeals Chamber if sooner:
– Liu Daqun (China)
– Theodor Meron (United States of America)
– Fausto Pocar (Italy)
– Mohamed Shahabuddeen (Guyana)
2. Decides to extend the terms of office of the following permanent judges at the Tribunal
who are members of the Trial Chambers until 31 December 2009, or until the completion of the
cases to which they are assigned if sooner:
– Carmel Agius (Malta)
– Jean-Claude Antonetti (France)
– Iain Bonomy (United Kingdom)
– Christoph Flügge (Germany)
– O-Gon Kwon (South Korea)
– Bakone Justice Moloto (South Africa)
– Alphons Orie (The Netherlands)
– Kevin Parker (Australia)
– Patrick Robinson (Jamaica)
– Christine Van den Wyngaert (Belgium)​

4 8​

3.​

​

​

​

Decides to extend the terms of office of the following ad litem judges, currently serving at
the Tribunal, until 31 December 2009, or until the completion of the cases to which they are
assigned if sooner:
– Ali Nawaz Chowhan (Pakistan)
– Pedro David (Argentina)
– Elizabeth Gwaunza (Zimbabwe)
– Frederik Harhoff (Denmark)
– Tsvetana Kamenova (Bulgaria)
– Uldis Kinis (Latvia)
– Flavia Lattanzi (Italy)
– Antoine Kesia-Mbe Mindua (Democratic Republic of Congo)
– Janet Nosworthy (Jamaica)
– Michèle Picard (France)
– Árpád Prandler (Hungary)
– Kimberly Prost (Canada)
– Ole Bjørn Støle (Norway)
– Stefan Trechsel (Switzerland)
4. Decides to extend the term of office of the following ad litem judges, who are not
currently appointed to serve at the Tribunal, until 31 December 2009, or until the completion of
any cases to which they may be assigned if sooner:
– Melville Baird (Trinidad and Tobago)
– Frans Bauduin (The Netherlands)
– Burton Hall (The Bahamas)
– Frank Höpfel (Austria)
– Raimo Lahti (Finland)
– Jawdat Naboty (Syrian Arab Republic)
– Chioma Egondu Nwosu-Iheme (Nigeria)
– Prisca Matimba Nyambe (Zambia)
– Brynmor Pollard (Guyana)
– Vonimbolana Rasoazanany (Madagascar)
– Krister Thelin (Sweden)
– Klaus Tolksdorf (Germany)
– Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)
5. Decides, without prejudice to the provisions of resolution 1800 (2008) of 20 February
2008, to amend article 12, paragraphs 1 and 2, of the Statute of the Tribunal and to replace those
paragraphs with the provisions set out in the annex to this resolution.
6. Decides to remain seized of the matter.​

4 9​

Annex
Article 12
Composition of the Chambers​

1. The Chambers shall be composed of a maximum of sixteen permanent independent judges, no
two of whom may be nationals of the same State, and a maximum at any one time of twelve​

​

​

​

ad
litem independent judges appointed in accordance with article 13 ter, paragraph 2, of the Statute,
no two of whom may be nationals of the same State.
2. A maximum at any one time of three permanent judges and six ad litem judges shall be
members of each Trial Chamber. Each Trial Chamber to which ad litem judges are assigned may
be divided into sections of three judges each, composed of both permanent and ad litem judges,
except in the circumstances specified in paragraph 5 below. A section of a Trial Chamber shall
have the same powers and responsibilities as a Trial Chamber under the Statute and shall render
judgement in accordance with the same rules.​

5 0
5 1​

RELATED RESOLUTIONS
Resolutions with no amendments to the Statute, but relevant to the ICTY.
Resolution 1503 of 28 August 2003..........................................................................................................53
Annex I .....................................................................................................................................................55
Resolution 1504 of 4 September 2003 .....................................................................................................57
Resolution 1534 of 26 March 2004 ..........................................................................................................59
Resolution 1581 of 18 January 2005........................................................................................................61
Resolution 1613 of 26 July 2005 ..............................................................................................................63
Resolution 1629 of 30 September 2005 ...................................................................................................65
Resolution 1668 of 10 April 2006.............................................................................................................67
Resolution 1775 of 14 September 2007 ...................................................................................................69
Resolution 1786 of 28 November 2007 ....................................................................................................71
Resolution 1800 of 20 February 2008......................................................................................................73​

5 2
5 3​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1503 (2003)
28 August 2003​

RESOLUTION 1503 (2003)
Adopted by the Security Council at its 4817th meeting,
on 28 August 2003​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 978
(1995) of 27 February 1995, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329
(2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, and
1481 (2003) of 19 May 2003,​

Noting​

​

​

​

​

the letter from the Secretary-General to the President of the Security Council dated 28
July 2003 (S/2003/766),​

Commending​

​

​

​

​

the important work of the International Criminal Tribunal for the Former
Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in contributing to
lasting peace and security in the former Yugoslavia and Rwanda and the progress made since their
inception,​

Noting​

​

​

​

​

that an essential prerequisite to achieving the objectives of the ICTY and ICTR
Completion Strategies is full cooperation by all States, especially in apprehending all remaining
at-large persons indicted by the ICTY and the ICTR,​

Welcoming​

​

​

​

​

steps taken by States in the Balkans and the Great Lakes region of Africa to
improve cooperation and apprehend at-large persons indicted by the ICTY and ICTR, but noting
with concern that certain States are still not offering full cooperation,​

Urging​

​

​

​

​

Member States to consider imposing measures against individuals and groups or
organizations assisting indictees at large to continue to evade justice, including measures designed
to restrict the travel and freeze the assets of such individuals, groups, or organizations,​

Recalling and reaffirming​

​

​

​

​

in the strongest terms the statement of 23 July 2002 made by the
President of the Security Council (S/PRST/2002/21), which endorsed the ICTY’s strategy for
completing investigations by the end of 2004, all trial activities at first instance by the end of
2008, and all of its work in 2010 (ICTY Completion Strategy) (S/2002/678), by concentrating on
the prosecution and trial of the most senior leaders suspected of being most responsible for crimes
within the ICTY’s jurisdiction and transferring cases involving those who may not bear this level
of responsibility to competent national jurisdictions, as appropriate, as well as the strengthening of
the capacity of such jurisdictions,​

Urging​

​

​

​

​

the ICTR to formalize a detailed strategy, modelled on the ICTY Completion Strategy,
to transfer cases involving intermediate- and lower-rank accused to competent national
jurisdictions, as appropriate, including Rwanda, in order to allow the ICTR to achieve its objective
of completing investigations by the end of 2004, all trial activities at first instance by the end of
2008, and all of its work in 2010 (ICTR Completion Strategy),​

Noting​

​

​

​

​

that the above-mentioned Completion Strategies in no way alter the obligation of
Rwanda and the countries of the former Yugoslavia to investigate those accused whose cases
would not be tried by the ICTR or ICTY and take appropriate action with respect to indictment and
prosecution, while bearing in mind the primacy of the ICTY and ICTR over national courts,​

5 4​

Noting​

​

​

​

​

that the strengthening of national judicial systems is crucially important to the rule of
law in general and to the implementation of the ICTY and ICTR Completion Strategies in
particular,​

Noting​

​

​

​

​

that an essential prerequisite to achieving the objectives of the ICTY Completion
Strategy is the expeditious establishment under the auspices of the High Representative and early
functioning of a special chamber within the State Court of Bosnia and Herzegovina (the “War
Crimes Chamber”) and the subsequent referral by the ICTY of cases of lower- or intermediaterank
accused to the Chamber,​

Convinced​

​

​

​

​

that the ICTY and the ICTR can most efficiently and expeditiously meet their
respective responsibilities if each has its own Prosecutor,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Calls on the international community to assist national jurisdictions, as part of the
completion strategy, in improving their capacity to prosecute cases transferred from the
ICTY and the ICTR and encourages the ICTY and ICTR Presidents, Prosecutors, and
Registrars to develop and improve their outreach programmes;
2. Calls on all States, especially Serbia and Montenegro, Croatia, and Bosnia and
Herzegovina, and on the Republika Srpska within Bosnia and Herzegovina, to intensify
cooperation with and render all necessary assistance to the ICTY, particularly to bring
Radovan Karadzic and Ratko Mladic, as well as Ante Gotovina and all other indictees to the
ICTY and calls on these and all other at-large indictees of the ICTY to surrender to the
ICTY;
3. Calls on all States, especially Rwanda, Kenya, the Democratic Republic of the Congo, and
the Republic of the Congo, to intensify cooperation with and render all necessary assistance
to the ICTR, including on investigations of the Rwandan Patriotic Army and efforts to bring
Felicien Kabuga and all other such indictees to the ICTR and calls on this and all other atlarge
indictees of the ICTR to surrender to the ICTR;
4. Calls on all States to cooperate with the International Criminal Police Organization (ICPOInterpol)
in apprehending and transferring persons indicted by the ICTY and the ICTR;
5. Calls on the donor community to support the work of the High Representative to Bosnia and
Herzegovina in creating a special chamber, within the State Court of Bosnia and
Herzegovina, to adjudicate allegations of serious violations of international humanitarian
law;
6. Requests the Presidents of the ICTY and the ICTR and their Prosecutors, in their annual
reports to the Council, to explain their plans to implement the ICTY and ICTR Completion
Strategies;
7. Calls on the ICTY and the ICTR to take all possible measures to complete investigations by
the end of 2004, to complete all trial activities at first instance by the end of 2008, and to
complete all work in 2010 (the Completion Strategies);
8. Decides to amend Article 15 of the Statute of the International Tribunal for Rwanda and to
replace that Article with the provision set out in Annex I to this resolution, and requests the
Secretary-General to nominate a person to be the Prosecutor of the ICTR;
9. Welcomes the intention expressed by the Secretary-General in his letter dated 28 July 2003,
to submit to the Security Council the name of Mrs. Carla Del Ponte as nominee for
Prosecutor for the ICTY;
10. Decides to remain actively seized of the matter.​

5 5​

Annex I
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 Office of the Prosecutor shall be composed of a Prosecutor and such other qualified staff
as may be required.
4. The Prosecutor shall be appointed by the Security Council on nomination by the Secretary-
General. He or she shall be of high moral character and possess the highest level of competence
and experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor
shall serve for a four-year term and be eligible for reappointment. The terms and conditions of
service of the Prosecutor shall be those of an Under-Secretary-General of the United Nations.​

6.​

​

​

​

​

The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the
recommendation of the Prosecutor.​

5 6
5 7​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1504 (2003)
4 September 2003​

RESOLUTION 1504 (2003)
Adopted by the Security Council at its 4819th meeting,
on 4 September 2003​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolution 1503 (2003) of 28 August 2003,​

Noting​

​

​

​

​

that by that resolution the Council created a new position of Prosecutor for the
International Tribunal for Rwanda,​

Noting​

​

​

​

​

that by its resolution 1503 (2003) the Council welcomed the intention of the Secretary-
General to submit to the Council the name of Mrs. Carla Del Ponte as nominee for Prosecutor for
the International Tribunal for the Former Yugoslavia,​

Having regard​

​

​

​

​

to Article 16(4) of the Statute of the International Tribunal for the Former
Yugoslavia,​

Having considered​

​

​

​

​

the nomination by the Secretary-General of Mrs. Carla Del Ponte as
Prosecutor of the International Tribunal for the Former Yugoslavia,​

Appoints​

​

​

​

​

Mrs. Carla Del Ponte as Prosecutor of the International Tribunal for the Former Yugoslavia
with effect from 15 September 2003 for a four-year term.​

5 8
5 9​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1534 (2004)
26 March 2004​

RESOLUTION 1534 (2004)
Adopted by the Security Council at its 4935th meeting,
on 26 March 2004​

The Security Council,
Recalling​

​

​

​

​

its resolutions 827 (1993) of 25 May 1993, 955 (1994) of 8 November 1994, 978
(1995) of 27 February 1995, 1165 (1998) of 30 April 1998, 1166 (1998) of 13 May 1998, 1329
(2000) of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, and
1481 (2003) of 19 May 2003,​

Recalling​

​

​

​

​

and reaffirming in the strongest terms the statement of 23 July 2002 made by the
President of the Security Council (S/PRST/2002/21) endorsing the ICTY’s completion strategy
and its resolution 1503 (2003) of 28 August 2003,​

Recalling​

​

​

​

​

that resolution 1503 (2003) called on the International Criminal Tribunal for the
Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to take all
possible measures to complete investigations by the end of 2004, to complete all trial activities at
first instance by the end of 2008, and to complete all work in 2010 (the Completion Strategies),
and requested the Presidents and Prosecutors of the ICTY and ICTR, in their annual reports to the
Council, to explain their plans to implement the Completion Strategies,​

Welcoming​

​

​

​

​

the presentations made by the ICTY and ICTR Presidents and Prosecutors to the
Security Council on 9 October 2003,​

Commending​

​

​

​

​

the important work of both Tribunals in contributing to lasting peace and security
and national reconciliation and the progress made since their inception, commending them on
their efforts so far to give effect to the Completion Strategies and calling on them to ensure
effective and efficient use of their budgets, with accountability,​

Reiterating​

​

​

​

​

its support for the ICTY and ICTR Prosecutors in their continuing efforts to bring at
large indictees before the ICTY and the ICTR,​

Noting with concern​

​

​

​

​

the problems highlighted in the presentations to the Security Council on 9
October 2003 in securing adequate regional cooperation,​

Also noting with concern​

​

​

​

​

indications in the presentations made on 9 October, that it might not be
possible to implement the Completion Strategies set out in resolution 1503 (2003),​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Reaffirms the necessity of trial of persons indicted by the ICTY and reiterates its call on all
States, especially Serbia and Montenegro, Croatia and Bosnia and Herzegovina, and on the
Republika Srpska within Bosnia and Herzegovina, to intensify cooperation with and render
all necessary assistance to the ICTY, particularly to bring Radovan Karadzic and Ratko
Mladic, as well as Ante Gotovina and all other indictees to the ICTY and calls on all at-large
indictees of the ICTY to surrender to the ICTY;
2. Reaffirms the necessity of trial of persons indicted by the ICTR and reiterates its call on all
States, especially Rwanda, Kenya, the Democratic Republic of the Congo and the Republic
of the Congo to intensify cooperation with and render all necessary assistance to the ICTR,
including on investigations of the Rwandan Patriotic Army and efforts to bring Felicien​

6 0​

Kabuga and all other such indictees to the ICTR and calls on all at-large indictees of the
ICTR to surrender to the ICTR;
3.​

​

​

​

Emphasizes the importance of fully implementing the Completion Strategies, as set out in
paragraph 7 of resolution 1503 (2003), that calls on the ICTY and ICTR to take all possible
measures to complete investigations by the end of 2004, to complete all trial activities at first
instance by the end of 2008 and to complete all work in 2010, and urges each Tribunal to
plan and act accordingly;
4. Calls on the ICTY and ICTR Prosecutors to review the case load of the ICTY and ICTR
respectively in particular with a view to determining which cases should be proceeded with
and which should be transferred to competent national jurisdictions, as well as the measures
which will need to be taken to meet the Completion Strategies referred to in resolution 1503
(2003) and urges them to carry out this review as soon as possible and to include a progress
report in the assessments to be provided to the Council under paragraph 6 of this resolution;
5. Calls on each Tribunal, in reviewing and confirming any new indictments, to ensure that any
such indictments concentrate on the most senior leaders suspected of being most responsible
for crimes within the jurisdiction of the relevant Tribunal as set out in resolution 1503
(2003);
6. Requests each Tribunal to provide to the Council, by 31 May 2004 and every six months
thereafter, assessments by its President and Prosecutor, setting out in detail the progress
made towards implementation of the Completion Strategy of the Tribunal, explaining what
measures have been taken to implement the Completion Strategy and what measures remain
to be taken, including the transfer of cases involving intermediate and lower rank accused to
competent national jurisdictions; and expresses the intention of the Council to meet with the
President and Prosecutor of each Tribunal to discuss these assessments;
7. Declares the Council’s determination to review the situation, and in the light of the
assessments received under the foregoing paragraph to ensure that the time frames set out in
the Completion Strategies and endorsed by resolution 1503 (2003) can be met;
8. Commends those States which have concluded agreements for the enforcement of sentences
of persons convicted by the ICTY or the ICTR or have otherwise accepted such convicted
persons to serve their sentences in their respective territories; encourages other States in a
position to do so to act likewise; and invites the ICTY and the ICTR to continue and
intensify their efforts to conclude further agreements for the enforcement of sentences or to
obtain the cooperation of other States in this regard;
9. Recalls that the strengthening of competent national judicial systems is crucially important
to the rule of law in general and to the implementation of the ICTY and ICTR Completion
Strategies in particular;
10. Welcomes in particular the efforts of the Office of the High Representative, ICTY, and the
donor community to create a war crimes chamber in Sarajevo; encourages all parties to
continue efforts to establish the chamber expeditiously; and encourages the donor community
to provide sufficient financial support to ensure the success of domestic prosecutions in
Bosnia and Herzegovina and in the region;
11. Decides to remain actively seized of the matter.​

6 1​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1581 (2005)
18 January 2005​

RESOLUTION 1581 (2005)
Adopted by the Security Council at its 5112th meeting,
on 18 January 2005​

The Security Council​

​

​

​

​

,​

Taking note​

​

​

​

​

of the letter to the President of the Council from the Secretary-General dated 6
January 2005 (S/2005/9),​

Recalling​

​

​

​

​

its resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004,​

Bearing in mind​

​

​

​

​

the statement made to the Security Council at its 5086th meeting on 23
November 2004 by the President of the International Criminal Tribunal for the Former
Yugoslavia (ICTY), in which he expressed the commitment by the International Tribunal to the
Completion Strategy,​

Expressing​

​

​

​

​

its expectation that the extension of the terms of office of the ad litem judges
concerned will enhance the effectiveness of trial proceedings and contribute towards ensuring
the implementation of the Completion Strategy,
1. Decides, in response to the request by the Secretary-General, that:
(a) Judge Rasoazanany and Judge Swart, once replaced as ad litem judges of the
International Tribunal, finish the Hadžihasanovi&#263; case, which they have begun before
expiry of their term of office;
(b) Judge Brydensholt and Judge Eser, once replaced as ad litem judges of the International
Tribunal, finish the Ori&#263; case, which they have begun before expiry of their term of
office;
(c) Judge Thelin and Judge Van Den Wyngaert, once replaced as ad litem judges of the
International Tribunal, finish the Limaj case, which they have begun before expiry of
their term of office;
(d) Judge Canivell, once replaced as an ad litem judge of the International Tribunal, finishes
the Krajišnik case, which he has begun before expiry of his term of office;
(e) Judge Szénási, if appointed to serve in the International Tribunal for the trial of the​

Halilovi​

​

​

​

&#263; ​

case, proceed, once replaced as an ad litem judge of the International
Tribunal, to finish that case, which he would have begun before expiry of his term of
office;
(f) Judge Hanoteau, if appointed to serve in the International Tribunal for the trial of the​

Krajišnik​

​

​

​

​

case, proceed, once replaced as an ad litem judge of the International
Tribunal, to finish that case, which he would have begun before expiry of his term of
office;
2. Takes note in this regard of the intention of the International Tribunal to finish the​

Hadžihasanovi​

​

​

​

&#263; ​

case before the end of September 2005, the Halilovi&#263; before the end of
October 2005, the Ori&#263; and Limaj cases before the end of November 2005 and the Krajišnik​

case before the end of April 2006.​

6 2
6 3​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1613 (2005)
26 July 2005​

RESOLUTION 1613 (2005)
Adopted by the Security Council at its 5236th meeting,
on 26 July 2005​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolution 827 (1993) of 25 May 1993, 1166 (1998) of 13 May 1998, 1329 (2000)
of 30 November 2000, 1411 (2002) of 17 May 2002, 1431 (2002) of 14 August 2002, 1481
(2003) of 19 May 2003, 1503 (2003) of 28 August 2003, 1534 (2004) of 26 March 2004 and
1597 (2005) of 20 April 2005,​

Having considered​

​

​

​

​

the nominations for ad litem judges of the International Tribunal for the
Former Yugoslavia received by the Secretary-General,​

Forwards​

​

​

​

​

the following nominations to the General Assembly in accordance with Article 13​

ter​

​

​

​

​

(1) (d) of the Statute of the International Tribunal:
Mr. Tanvir Bashir Ansari (Pakistan)
Mr. Melville Baird (Trinidad and Tobago)
Mr. Frans Bauduin (The Netherlands)
Mr. Giancarlo Roberto Belleli (Italy)
Mr. Ishaq Usman Bello (Nigeria)
Mr. Ali Nawaz Chowhan (Pakistan)
Mr. Pedro David (Argentina)
Mr. Ahmad Farawati (Syrian Arab Republic)
Ms. Elizabeth Gwaunza (Zimbabwe)
Mr. Burton Hall (The Bahamas)
Mr. Frederik Harhoff (Denmark)
Mr. Frank Höpfel (Austria)
Ms. Tsvetana Kamenova (Bulgaria)
Mr. Muhammad Muzammal Khan (Pakistan)
Mr. Uldis Kinis (Latvia)
Mr. Raimo Lahti (Finland)
Ms. Flavia Lattanzi (Italy)
Mr. Antoine Mindua (Democratic Republic of the Congo)
Mr. Jawdat Naboty (Syrian Arab Republic)
Ms. Janet Nosworthy (Jamaica)
Ms. Chioma Egondu Nwosu-Iheme (Nigeria)
Ms. Prisca Matimba Nyambe (Zambia)
Ms. Michèle Picard (France)
Mr. Brynmor Pollard (Guyana)
Mr. Árpád Prandler (Hungary)
Ms. Kimberly Prost (Canada)
Mr. Sheikh Abdul Rashid (Pakistan)
Ms. Vonimbolana Rasoazanany (Madagascar)
Mr. Ole Bjørn Støle (Norway)
Mr. Krister Thelin (Sweden)
Mr. Klaus Tolksdorf (Germany)
Mr. Stefan Trechsel (Switzerland)
Mr. Abubakar Bashir Wali (Nigeria)
Mr. Tan Sri Dato Lamin Haji Mohd Yunus (Malaysia)​

6 4
6 5​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1629 (2005)
30 September 2005​

RESOLUTION 1629 (2005)
Adopted by the Security Council at its 5273rd meeting,
on 30 September 2005​

The Security Council​

​

​

​

​

,​

Taking note​

​

​

​

​

of the letter to the President of the Security Council from the Secretary-General
dated 14 September 2005 (S/2005/593),​

Decides​

​

​

​

​

that notwithstanding Article 12 of the Statute of the International Tribunal for the
Former Yugoslavia and notwithstanding that Judge Christine Van Den Wyngaert’s elected term
as a permanent judge of the Tribunal will in accordance with Article 13 bis of the Tribunal’s
Statute only begin on 17 November 2005, she be assigned as a permanent judge to the Mrk{i} et
al. case which is due to commence on 3 October 2005.​

6 6
6 7​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1668 (2006)
10 April 2006​

RESOLUTION 1668 (2006)
Adopted by the Security Council at its 5407th meeting,
on 10 April 2006​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

Security Council resolution 1581 (2005) of 18 January 2005,​

Taking note​

​

​

​

​

of the letter to the President of the Security Council from the Secretary-General
dated 27 March 2006,​

Decides​

​

​

​

​

in response to the request by the Secretary-General to confirm that Judge Joaquín
Canivell can continue to sit in the Krajišnik case beyond April 2006 and see the case through to
its completion, notwithstanding the fact that the cumulative period of his service in the
International Criminal Tribunal for the Former Yugoslavia would then attain and exceed three
years,​

Decides​

​

​

​

​

to remain seized of the matter.​

6 8
6 9​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1775 (2007)
14 September 2007​

RESOLUTION 1775 (2007)
Adopted by the Security Council at its 5742nd meeting,
on 14 September 2007​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolution 1504 (2003) of 4 September 2003,​

Having regard​

​

​

​

​

to Article 16 (4) of the Statute of the International Criminal Tribunal for the former
Yugoslavia,​

Aware​

​

​

​

​

that the term of office for Ms. Carla Del Ponte as Prosecutor for the International Criminal
Tribunal for the former Yugoslavia expires on 14 September 2007,​

Noting​

​

​

​

​

the need to ensure a smooth transition between the departure of Ms. Carla Del Ponte and the
assumption of office of her successor,​

Having considered​

​

​

​

​

the request of the Secretary-General to extend the appointment of Ms. Del Ponte
from 15 September 2007 to 31 December 2007 (S/2007/538),​

Noting​

​

​

​

​

the intention of the Secretary-General to submit the name of his nominee for the position of
Prosecutor of the International Criminal Tribunal for the former Yugoslavia,​

Decides​

​

​

​

​

, notwithstanding the provisions of article 16 (4) of the Statute, to extend for a final period
the appointment of Ms. Carla Del Ponte as Prosecutor of the International Criminal Tribunal for the
former Yugoslavia with effect from 15 September 2007 until 31 December 2007.​

7 0
7 1​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1786 (2007)
28 November 2007​

RESOLUTION 1786 (2007)
Adopted by the Security Council at its 5785th meeting,
on 28 November 2007​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolution 1775 (2007) of 14 September 2007,​

Having regard​

​

​

​

​

to Article 16 (4) of the Statute of the International Tribunal for the former
Yugoslavia,​

Having considered​

​

​

​

​

the nomination by the Secretary-General of Mr. Serge Brammertz for the
position of Prosecutor of the International Tribunal for the former Yugoslavia (S/2007/678),​

Recalling​

​

​

​

​

that resolution 1503 (2003) of 28 August 2003 called upon the International Tribunal for
the former Yugoslavia to take all possible measures to complete all trial activities at first instance by the
end of 2008, and to complete all work in 2010 (ICTY completion strategy),​

Recalling also​

​

​

​

​

its resolution 1534 (2004) of 26 March 2004 which emphasized the importance of
fully implementing the International Tribunal’s completion strategy and urges the Tribunal to plan and act
accordingly,​

Decides​

​

​

​

​

to appoint Mr. Serge Brammertz as Prosecutor of the International Tribunal for the former
Yugoslavia with effect from 1 January 2008 for a four-year term, which is subject to an earlier termination
by the Security Council upon completion of the work of the International Tribunal.​

7 2
7 3​

UNITED S
NATIONS
Security Council​

Distr.
GENERAL
S/RES/1800 (2008)
20 February 2008​

RESOLUTION 1800 (2008)
Adopted by the Security Council at its 5841st meeting,
on 20 February 2008​

The Security Council​

​

​

​

​

,​

Recalling​

​

​

​

​

its resolutions 1581 (2005) of 18 January 2005, 1597 (2005) of 20 April 2005, 1613
(2005) of 26 July 2005, 1629 (2005) of 30 September 2005, 1660 (2006) of 28 February 2006
and 1668 (2006) of 10 April 2006,​

Taking note​

​

​

​

​

of the letters to the President of the Security Council from the Secretary-General
dated 31 December 2007, 22 January 2008 and 8 February 2008,​

Having considered​

​

​

​

​

the proposal made by the President of the International Tribunal for the
former Yugoslavia (the International Tribunal) that the Secretary-General be authorized, within
existing resources, to appoint additional ad litem Judges upon request of the President of the
International Tribunal notwithstanding that their number will from time to time temporarily
exceed the maximum of twelve provided under article 12 (1) of the Statute to a maximum of
sixteen at any one time, returning to a maximum of twelve by 31 December 2008, to enable the
International Tribunal to conduct additional trials once one or more of the permanent Judges of
the International Tribunal become available,​

Recalling​

​

​

​

​

that resolution 1503 (2003) of 28 August 2003 called upon the International
Tribunal to take all possible measures to complete all trial activities at first instance by the end
of 2008 and to complete all work in 2010 (the International Tribunal’s completion strategy), and
that resolution 1534 (2004) of 26 March 2004 emphasized the importance of fully implementing
the International Tribunal’s completion strategy,​

Convinced​

​

​

​

​

of the advisability of allowing the Secretary-General to appoint additional ad
litem Judges to the twelve ad litem Judges authorized by the Statute, as a temporary measure to
enable the International Tribunal to conduct additional trials as soon as possible in order to meet
completion strategy objectives,​

Acting​

​

​

​

​

under Chapter VII of the Charter of the United Nations,
1. Decides, therefore, that the Secretary-General may appoint, within existing resources,
additional ad litem Judges upon request of the President of the International Tribunal in order to
conduct additional trials, notwithstanding the fact that the total number of ad litem Judges
appointed to the Chambers will from time to time temporarily exceed the maximum of twelve
provided for in article 12 (1) of the Statute of the International Tribunal, to a maximum of
sixteen at any one time, returning to a maximum of twelve by 31 December 2008;​

2. Decides to remain seized of the matter.

 

[Mwana wa Mungu]

naona watasoma. wakisoma kwenye hizo statute zote, watapata definition sawa. asante mkuu