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«International Tribunal for the Prosecution of Persons Responsible for Serious Violations Date: September 2009 of International Humanitarian Law ...»

-- [ Page 1 ] --

UNITED

NATIONS

International Tribunal for the Prosecution

of Persons Responsible for Serious Violations Date: September 2009

of International Humanitarian Law

Committed in the Territory of the

Former Yugoslavia since 1991 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) (AS AMENDED 7 JULY 2009 BY RESOLUTION 1877)

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.)

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) (AS AMENDED 7 JULY 2009 BY RESOLUTION 1877)

UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL

FOR THE FORMER YUGOSLAVIA

RESOLUTION 808 (1993)

RESOLUTION 827 (1993)

RESOLUTION 1166 (1998)

Annex

RESOLUTION 1329 (2000)

RESOLUTION 1411 (2002)

RESOLUTION 1431 (2002)

RESOLUTION 1481 (2003)

RESOLUTION 1597 (2005)

RESOLUTION 1660 (2006)

RESOLUTION 1837 (2008)

RESOLUTION 1877 (2009)

Annex

ICTY RELATED RESOLUTIONS

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

RESOLUTION 1503 (2003)

Annex I

RESOLUTION 1504 (2003)

RESOLUTION 1534 (2004)

RESOLUTION 1581 (2005)

RESOLUTION 1613 (2005)

RESOLUTION 1629 (2005)

RESOLUTION 1668 (2006)

RESOLUTION 1775 (2007)

RESOLUTION 1786 (2007)

RESOLUTION 1800 (2008)

–  –  –

Article 1

Competence of the International Tribunal Article 2

Grave breaches of the Geneva Conventions of 1949 Article 3

Violations of the laws or customs of war Article 4

Genocide Article 5

Crimes against humanity Article 6

Personal jurisdiction Article 7

Individual criminal responsibility Article 8

Territorial and temporal jurisdiction Article 9

Concurrent jurisdiction Article 10

Non-bis-in-idem Article 11

Organization of the International Tribunal Article 12

Composition of the Chambers Article 13

Qualifications of judges Article 13 bis

Election of permanent judges Article 13 ter

Election and appointment of ad litem judges Article 13 quater

Status of ad litem judges Article 14

Officers and members of the Chambers Article 15

Rules of procedure and evidence Article 16

The Prosecutor

–  –  –

Article 18

Investigation and preparation of indictment Article 19

Review of the indictment Article 20

Commencement and conduct of trial proceedings Article 21

Rights of the accused Article 22

Protection of victims and witnesses Article 23

Judgement Article 24

Penalties Article 25

Appellate proceedings Article 26

Review proceedings Article 27

Enforcement of sentences Article 28

Pardon or commutation of sentences Article 29

Co-operation and judicial assistance Article 30

The status, privileges and immunities of the International Tribunal Article 31

Seat of the International Tribunal Article 32

Expenses of the International Tribunal Article 33

Working languages Article 34

Annual report

–  –  –

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.





–  –  –

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.

–  –  –

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.

–  –  –

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.

–  –  –

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:

5 (a) killing members of the group;

(b) causing serious bodily or mental harm to members of the group;

(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) imposing measures intended to prevent births within the group;

(e) forcibly transferring children of the group to another group.

3. The following acts shall be punishable:

(a) genocide;

(b) conspiracy to commit genocide;

(c) direct and public incitement to commit genocide;

(d) attempt to commit genocide;

(e) complicity in genocide.

–  –  –

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.

–  –  –

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.

–  –  –

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.

–  –  –

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.

–  –  –

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.

–  –  –

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.

–  –  –

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

–  –  –



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