Commonwealth Numbered Acts

INTERNATIONAL WAR CRIMES TRIBUNALS ACT 1995 No. 18 of 1995 - SCHEDULE 4

SCHEDULE 4
STATUTE OF THE RWANDA TRIBUNAL
Having been established by the Security Council acting under Chapter VII of
the Charter of the United Nations, the International Criminal Tribunal for the
Prosecution of Persons Responsible for Genocide and Other Serious Violations
of International Humanitarian Law Committed in the Territory of Rwanda and
Rwandan citizens responsible for genocide and other such violations committed
in the territory of neighbouring States, between 1 January 1994 and 31
December 1994 (hereinafter referred to as "the International Tribunal for
Rwanda") shall function in accordance with the provisions of the present
Statute.
Article 1
Competence of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall have the power to prosecute
persons responsible for serious violations of international humanitarian law
committed in the territory of Rwanda and Rwandan citizens responsible for such
violations committed in the territory of neighbouring States, between 1
January 1994 and 31 December 1994, in accordance with the provisions of the
present Statute.
Article 2
Genocide
1. The International Tribunal for Rwanda shall have the power to prosecute
persons committing genocide as defined in paragraph 2 of this article or of
committing any of the other acts enumerated in paragraph 3 of this article.
2. Genocide means any of the following acts committed with intent to destroy,
in whole or in part, a national, ethnical, racial or religious group, as such:

   (a)  Killing members of the group;

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

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

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

   (e)  Forcibly transferring children of the group to another group.
3. The following acts shall be punishable:

   (a)  Genocide;

   (b)  Conspiracy to commit genocide;

   (c)  Direct and public incitement to commit genocide;

   (d)  Attempt to commit genocide;

   (e)  Complicity in genocide.
Article 3
Crimes against humanity
The International Tribunal for Rwanda shall have the power to prosecute
persons responsible for the following crimes when committed as part of a
widespread or systematic attack against any civilian population on national,
political, ethnic, racial or religious grounds:

   (a)  Murder;

   (b)  Extermination;

   (c)  Enslavement;

   (d)  Deportation;

   (e)  Imprisonment;

   (f)  Torture;

   (g)  Rape;

   (h)  Persecutions on political, racial and religious grounds;

   (i)  Other inhumane acts.
Article 4
Violations of Article 3 common to the Geneva
Conventions and of Additional Protocol II
The International Tribunal for Rwanda shall have the power to prosecute
persons committing or ordering to be committed serious violations of Article 3
common to the Geneva Conventions of 12 August 1949 for the Protection of War
Victims, and of Additional Protocol II thereto of 8 June 1977. These
violations shall include, but shall not be limited to:

   (a)  Violence to life, health and physical or mental well-being of persons,
        in particular murder as well as cruel treatment such as torture,
        mutilation or any form of corporal punishment;

   (b)  Collective punishments;

   (c)  Taking of hostages;

   (d)  Acts of terrorism;

   (e)  Outrages upon personal dignity, in particular humiliating and
        degrading treatment, rape, enforced prostitution and any form of
        indecent assault;

   (f)  Pillage;

   (g)  The passing of sentences and the carrying out of executions without
        previous judgement pronounced by a regularly constituted court,
        affording all the judicial guarantees which are recognized as
        indispensable by civilized peoples;

   (h)  Threats to commit any of the foregoing acts.
Article 5
Personal jurisdiction
The International Tribunal for Rwanda shall have jurisdiction over natural
persons pursuant to the provisions of the present Statute.
Article 6
Individual criminal responsibility
1. A person who planned, instigated, ordered, committed or otherwise aided and
abetted in the planning, preparation or execution of a crime referred to in
articles 2 to 4 of the present Statute, shall be individually responsible for
the crime.
2. The official position of any accused person, whether as Head of State or
Government or as a responsible Government official, shall not relieve such
person of criminal responsibility nor mitigate punishment.
3. The fact that any of the acts referred to in articles 2 to 4 of the present
Statute was committed by a subordinate does not relieve his or her superior of
criminal responsibility if he or she knew or had reason to know that the
subordinate was about to commit such acts or had done so and the superior
failed to take the necessary and reasonable measures to prevent such acts or
to punish the perpetrators thereof.
4. The fact that an accused person acted pursuant to an order of a Government
or of a superior shall not relieve him or her of criminal responsibility, but
may be considered in mitigation of punishment if the International Tribunal
for Rwanda determines that justice so requires.
Article 7
Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal for Rwanda shall
extend to the territory of Rwanda including its land surface and airspace as
well as to the territory of neighbouring States in respect of serious
violations of international humanitarian law committed by Rwandan citizens.
The temporal jurisdiction of the International Tribunal for Rwanda shall
extend to a period beginning on 1 January 1994 and ending on 31 December 1994.
Article 8
Concurrent jurisdiction
1. The International Tribunal for Rwanda and national courts shall have
concurrent jurisdiction to prosecute persons for serious violations of
international humanitarian law committed in the territory of Rwanda and
Rwandan citizens for such violations committed in the territory of
neighbouring States, between 1 January 1994 and 31 December 1994.
2. The International Tribunal for Rwanda shall have primacy over the national
courts of all States. At any stage of the procedure, the International
Tribunal for Rwanda may formally request national courts to defer to its
competence in accordance with the present Statute and the Rules of Procedure
and Evidence of the International Tribunal for Rwanda.
Article 9
Non bis in idem
1. No person shall be tried before a national court for acts constituting
serious violations of international humanitarian law under the present
Statute, for which he or she has already been tried by the International
Tribunal for Rwanda.
2. A person who has been tried by a national court for acts constituting
serious violations of international humanitarian law may be subsequently tried
by the International Tribunal for Rwanda only if:

   (a)  The act for which he or she was tried was characterized as an ordinary
        crime; or

   (b)  The national court proceedings were not impartial or independent, were
        designed to shield the accused from international criminal
        responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime
under the present Statute, the International Tribunal for Rwanda shall take
into account the extent to which any penalty imposed by a national court on
the same person for the same act has already been served.
Article 10
Organization of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the following organs:

   (a)  The Chambers, comprising two Trial Chambers and an Appeals Chamber;

   (b)  The Prosecutor; and

   (c)  A Registry.
Article 11
Composition of the Chambers
The Chambers shall be composed of eleven independent judges, no two of whom
may be nationals of the same State, who shall serve as follows:

   (a)  Three judges shall serve in each of the Trial Chambers;

   (b)  Five judges shall serve in the Appeals Chamber.
Article 12
Qualification and election of judges
1. The judges shall be persons of high moral character, impartiality and
integrity who possess the qualifications required in their respective
countries for appointment to the highest judicial offices. In the overall
composition of the Chambers due account shall be taken of the experience of
the judges in criminal law, international law, including international
humanitarian law and human rights law.
2. The members of the Appeals Chamber of the International Tribunal for the
Prosecution of Persons Responsible for Serious Violations of International Law
Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter
referred to as "the International Tribunal for the Former Yugoslavia") shall
also serve as the members of the Appeals Chamber of the International Tribunal
for Rwanda.
3. The judges of the Trial Chambers of the International Tribunal for Rwanda
shall be elected by the General Assembly from a list submitted by the Security
Council, in the following manner:

   (a)  The Secretary-General shall invite nominations for judges of the Trial
        Chambers from States Members of the United Nations and non-member
        States maintaining permanent observer missions at United Nations
        Headquarters;

   (b)  Within thirty days of the date of the invitation of the
        Secretary-General, each State may nominate up to two candidates
        meeting the qualifications set out in paragraph 1 above, no two of
        whom shall be of the same nationality and neither of whom shall be of
        the same nationality as any judge on the Appeals Chamber;

   (c)  The Secretary-General shall forward the nominations received to the
        Security Council. From the nominations received the Security Council
        shall establish a list of not less than twelve and not more that
        eighteen candidates, taking due account of adequate representation on
        the International Tribunal for Rwanda of the principal legal systems
        of the world;

   (d)  The President of the Security Council shall transmit the list of
        candidates to the President of the General Assembly. From that list
        the General Assembly shall elect the six judges of the Trial Chambers.
        The candidates who receive an absolute majority of the votes of the
        States Members of the United Nations and of the non-Member States
        maintaining permanent observer missions at United Nations
        Headquarters, shall be declared elected. Should two candidates of the
        same nationality obtain the required majority vote, the one who
        received the higher number of votes shall be considered elected.
4. In the event of a vacancy in the Trial Chambers, after consultation with
the Presidents of the Security Council and of the General Assembly, the
Secretary-General shall appoint a person meeting the qualifications of
paragraph 1 above, for the remainder of the term of office concerned.
5. The judges of the Trial Chambers shall be elected for a term of four years.
The terms and conditions of service shall be those of the judges of the
International Tribunal for the Former Yugoslavia. They shall be eligible for
re-election.
Article 13
Officers and members of the Chambers
1. The judges of the International Tribunal for Rwanda shall elect a
President.
2. After consultation with the judges of the International Tribunal for
Rwanda, the President shall assign the judges to the Trial Chambers. A judge
shall serve only in the Chamber to which he or she was assigned.
3. The judges of each Trial Chamber shall elect a Presiding Judge, who shall
conduct all of the proceedings of that Trial Chamber as a whole.
Article 14
Rules of procedure and evidence
The judges of the International Tribunal for Rwanda shall adopt, for the
purpose of proceedings before the International Tribunal for Rwanda, the rules
of procedure and evidence for the conduct of the pre-trial phase of the
proceedings, trials and appeals, the admission of evidence, the protection of
victims and witnesses and other appropriate matters of the International
Tribunal for the Former Yugoslavia with such changes as they deem necessary.
Article 15
The Prosecutor
1. The Prosecutor shall be responsible for the investigation and prosecution
of persons responsible for serious violations of international humanitarian
law committed in the territory of Rwanda and Rwandan citizens responsible for
such violations committed in the territory of neighbouring States, between 1
January 1994 and 31 December 1994.
2. The Prosecutor shall act independently as a separate organ of the
International Tribunal for Rwanda. He or she shall not seek or receive
instructions from any Government or from any other source.
3. The Prosecutor of the International Tribunal for the Former Yugoslavia
shall also serve as the Prosecutor of the International Tribunal for Rwanda.
He or she shall have additional staff, including an additional Deputy
Prosecutor, to assist with the prosecutions before the International Tribunal
for Rwanda. Such staff shall be appointed by the Secretary-General on the
recommendation of the Prosecutor.
Article 16
The Registry
1. The Registry shall be responsible for the administration and servicing of
the International Tribunal for Rwanda.
2. The Registry shall consist of a Registrar and such other staff as may be
required.
3. The Registrar shall be appointed by the Secretary-General after
consultation with the President of the International Tribunal for Rwanda. He
or she shall serve for a four-year term and be eligible for reappointment. The
terms and conditions of service of the Registrar shall be those of an
Assistant Secretary-General of the United Nations.
4. The staff of the Registry shall be appointed by the Secretary-General on
the recommendation of the Registrar.
Article 17
Investigation and preparation of indictment
1. The Prosecutor shall initiate investigations ex-officio or on the basis of
information obtained from any source, particularly from Governments, United
Nations organs, intergovernmental and non-governmental organizations. The
Prosecutor shall assess the information received or obtained and decide
whether there is sufficient basis to proceed.
2. The Prosecutor shall have the power to question suspects, victims and
witnesses, to collect evidence and to conduct on-site investigations. In
carrying out these tasks, the Prosecutor may, as appropriate, seek the
assistance of the State authorities concerned.
3. If questioned, the suspect shall be entitled to be assisted by counsel of
his or her own choice, including the right to have legal assistance assigned
to the suspect without payment by him or her in any such case if he or she
does not have sufficient means to pay for it, as well as to necessary
translation into and from a language he or she speaks and understands.
4. Upon a determination that a prima facie case exists, the Prosecutor shall
prepare an indictment containing a concise statement of the facts and the
crime or crimes with which the accused is charged under the Statute. The
indictment shall be transmitted to a judge of the Trial Chamber.
Article 18
Review of the indictment
1. The judge of the Trial Chamber to whom the indictment has been transmitted
shall review it. If satisfied that a prima facie case has been established by
the Prosecutor, he or she shall confirm the indictment. If not so satisfied,
the indictment shall be dismissed.
2. Upon confirmation of an indictment, the judge may, at the request of the
Prosecutor, issue such orders and warrants for the arrest, detention,
surrender or transfer of persons, and any other orders as may be required for
the conduct of the trial.
Article 19
Commencement and conduct of trial proceedings
1. The Trial Chambers shall ensure that a trial is fair and expeditious and
that proceedings are conducted in accordance with the rules of procedure and
evidence, with full respect for the rights of the accused and due regard for
the protection of victims and witnesses.
2. A person against whom an indictment has been confirmed shall, pursuant to
an order or an arrest warrant of the International Tribunal for Rwanda, be
taken into custody, immediately informed of the charges against him or her and
transferred to the International Tribunal for Rwanda.
3. The Trial Chamber shall read the indictment, satisfy itself that the rights
of the accused are respected, confirm that the accused understands the
indictment, and instruct the accused to enter a plea. The Trial Chamber shall
then set the date for trial.
4. The hearings shall be public unless the Trial Chamber decides to close the
proceedings in accordance with its rules of procedure and evidence.
Article 20
Rights of the accused
1. All persons shall be equal before the International Tribunal for Rwanda.
2. In the determination of charges against him or her, the accused shall be
entitled to a fair and public hearing, subject to article 21 of the Statute.
3. The accused shall be presumed innocent until proved guilty according to the
provisions of the present Statute.
4. In the determination of any charge against the accused pursuant to the
present Statute, the accused shall be entitled to the following minimum
guarantees, in full equality:

   (a)  To be informed promptly and in detail in a language which he or she
        understands of the nature and cause of the charge against him or her;

   (b)  To have adequate time and facilities for the preparation of his or her
        defence and to communicate with counsel of his or her own choosing;

   (c)  To be tried without undue delay;

   (d)  To be tried in his or her presence, and to defend himself or herself
        in person or through legal assistance of his or her own choosing; to
        be informed, if he or she does not have legal assistance, of this
        right; and to have legal assistance assigned to him or her, in any
        case where the interests of justice so require, and without payment by
        him or her in any such case if he or she does not have sufficient
        means to pay for it;

   (e)  To examine, or have examined, the witnesses against him or her and to
        obtain the attendance and examination of witnesses on his or her
        behalf under the same conditions as witnesses against him or her;

   (f)  To have the free assistance of an interpreter if he or she cannot
        understand or speak the language used in the International Tribunal
        for Rwanda;

   (g)  Not to be compelled to testify against himself or herself or to
        confess guilt.
Article 21
Protection of victims and witnesses
The International Tribunal for Rwanda shall provide in its rules of procedure
and evidence for the protection of victims and witnesses. Such protection
measures shall include, but shall not be limited to, the conduct of in camera
proceedings and the protection of the victim's identity.
Article 22
Judgement
1. The Trial Chambers shall pronounce judgements and impose sentences and
penalties on persons convicted of serious violations of international
humanitarian law.
2. The judgement shall be rendered by a majority of the judges of the Trial
Chamber, and shall be delivered by the Trial Chamber in public. It shall be
accompanied by a reasoned opinion in writing, to which separate or dissenting
opinions may be appended.
Article 23
Penalties
1. The penalty imposed by the Trial Chamber shall be limited to imprisonment.
In determining the terms of imprisonment, the Trial Chambers shall have
recourse to the general practice regarding prison sentences in the courts of
Rwanda.
2. In imposing the sentences, the Trial Chambers should take into account such
factors as the gravity of the offence and the individual circumstances of the
convicted person.
3. In addition to imprisonment, the Trial Chambers may order the return of any
property and proceeds acquired by criminal conduct, including by means of
duress, to their rightful owners.
Article 24
Appellate proceedings
1. The Appeals Chamber shall hear appeals from persons convicted by the Trial
Chambers or from the Prosecutor on the following grounds:

   (a)  An error on a question of law invalidating the decision; or

   (b)  An error of fact which has occasioned a miscarriage of justice.
2. The Appeals Chamber may affirm, reverse or revise the decisions taken by
the Trial Chambers.
Article 25
Review proceedings
Where a new fact has been discovered which was not known at the time of the
proceedings before the Trial Chambers or the Appeals Chamber and which could
have been a decisive factor in reaching the decision, the convicted person or
the Prosecutor may submit to the International Tribunal for Rwanda an
application for review of the judgement.
Article 26
Enforcement of sentences
Imprisonment shall be served in Rwanda or any of the States on a list of
States which have indicated to the Security Council their willingness to
accept convicted persons, as designated by the International Tribunal for
Rwanda. Such imprisonment shall be in accordance with the applicable law of
the State concerned, subject to the supervision of the International Tribunal
for Rwanda.
Article 27
Pardon or commutation of sentences
If, pursuant to the applicable law of the State in which the convicted person
is imprisoned, he or she is eligible for pardon or commutation of sentence,
the State concerned shall notify the International Tribunal for Rwanda
accordingly. There shall only be pardon or commutation of sentence if the
President of the International Tribunal for Rwanda, in consultation with the
judges, so decides on the basis of the interests of justice and the general
principles of law.
Article 28
Cooperation and judicial assistance
1. States shall cooperate with the International Tribunal for Rwanda in the
investigation and prosecution of persons accused of committing serious
violations of international humanitarian law.
2. States shall comply without undue delay with any request for assistance or
an order issued by a Trial Chamber, including, but not limited to:

   (a)  The identification and location of persons;

   (b)  The taking of testimony and the production of evidence;

   (c)  The service of documents;

   (d)  The arrest or detention of persons;

   (e)  The surrender or the transfer of the accused to the International
        Tribunal for Rwanda.
Article 29
The status, privileges and immunities of the International
Tribunal for Rwanda
1. The Convention on the Privileges and Immunities of the United Nations of 13
February 1946 shall apply to the International Tribunal for Rwanda, the
judges, the Prosecutor and his or her staff, and the Registrar and his or her
staff.
2. The judges, the Prosecutor and the Registrar shall enjoy the privileges and
immunities, exemptions and facilities accorded to diplomatic envoys, in
accordance with international law.
3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges
and immunities accorded to officials of the United Nations under articles V
and VII of the Convention referred to in paragraph 1 of this article.
4. Other persons, including the accused, required at the seat or meeting place
of the International Tribunal for Rwanda shall be accorded such treatment as
is necessary for the proper functioning of the International Tribunal for
Rwanda.
Article 30
Expenses of the International Tribunal for Rwanda
The expenses of the International Tribunal for Rwanda shall be expenses of the
Organization in accordance with Article 17 of the Charter of the United
Nations.
Article 31
Working languages
The working languages of the International Tribunal shall be English and
French.
Article 32
Annual report
The President of the International Tribunal for Rwanda shall submit an annual
report of the International Tribunal for Rwanda to the Security Council and to
the General Assembly.