United Nations Security Council Resolution 1207 – On the International Criminal Tribunal for the former Yugoslavia

Resolution 1207 (1998)

The Security Council,

Recalling all its previous relevant resolutions concerning the conflicts inthe former Yugoslavia, in particular resolution 827 (1993) of 25 May 1993,

Recalling also the statement by its President of 8 May 1996(S/PRST/1996/23),

Recalling further the General Framework Agreement for Peace in Bosnia and Herzegovina and the Annexes thereto (S/1995/999, annex), in particular Its Article IX and its Annex 1-A, Article X,

Having considered the letters of the President of the International Tribunal for the Former Yugoslavia to the President of the Security Council of 8 September 1998 (S/1998/839), 22 October 1998 (S/1998/990) and 6 November 1998(S/1998/1040),

Deploring the continued failure of the Federal Republic of Yugoslavia tocooperate fully with the Tribunal, as described in those letters,

Reaffirming the commitment of all Member States to the sovereignty and territorial integrity of the Federal Republic of Yugoslavia,

Acting under Chapter VII of the Charter of the United Nations,

1. Reiterates its decision that all States shall cooperate fully with the Tribunal and its organs in accordance with resolution 827 (1993) and the Statuteof the Tribunal, including the obligation of States to comply with requests forassistance or orders issued by a Trial Chamber under Article 29 of the Statute,to execute arrest warrants transmitted to them by the Tribunal, and to complywith its requests for information and investigations;

2. Calls again upon the Federal Republic of Yugoslavia, and all otherStates which have not already done so, to take any measures necessary under their domestic law to implement the provisions of resolution 827 (1993) and theStatute of the Tribunal, and affirms that a State may not invoke provisions ofits domestic law as justification for its failure to perform binding obligationsunder international law;

3. Condemns the failure to date of the Federal Republic of Yugoslavia toexecute the arrest warrants issued by the Tribunal against the three individuals referred to in the letter of 8 September 1998, and demands the immediate andunconditional execution of those arrest warrants, including the transfer to thecustody of the Tribunal of those individuals;

4. Reiterates its call upon the authorities of the Federal Republic of Yugoslavia, the leaders of the Kosovo Albanian community and all othersconcerned to cooperate fully with the Prosecutor in the investigation of allpossible violations within the jurisdiction of the Tribunal;

5. Requests the President of the Tribunal to keep the Council informed about the implementation of this resolution for the Council’s further consideration;

6. Decides to remain seized of the matter.

Adopted by the Security Council at its 3944th meeting,on 17 November 1998.