STATUTE
OF THE INTERNATIONAL TRIBUNAL
(ADOPTED 25 MAY 1993)
CONTENTS
STATUTE OF THE INTERNATIONAL
TRIBUNAL
(ADOPTED 25 MAY 1993)
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;
(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.
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
two 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 eleven independent judges, no two of whom may be nationals of
the same State, who shall serve as follows:
(a) Three judges shall serve
in each of the Trial Chambers;
(b) Five judges shall serve in the Appeals Chamber.
Article
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-two and
not more than thirty-three 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 eleven 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.
Article
14
Officers and members of the Chambers
1. The judges of the International
Tribunal shall elect a President.
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
judges of the International Tribunal, the President shall assign
the judges to the Appeals Chamber and to the Trial Chambers. A judge
shall serve only in the Chamber to which he or she was assigned.
4. The judges of each Trial Chamber
shall elect a Presiding Judge, who shall conduct all of the proceedings
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.
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 non-governmental organizations. The Prosecutor
shall assess the information received or obtained and decide whether
there is sufficient basis to proceed.
2. The Prosecutor shall have the
power to question suspects, victims and witnesses, to collect evidence
and to conduct on-site investigations. In carrying out these tasks,
the Prosecutor may, as appropriate, seek the assistance of the State
authorities concerned.
3. If questioned, the suspect shall
be entitled to be assisted by counsel of his 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;
(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.
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
Cooperation and judicial assistance.
1. States shall cooperate 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. |