United Nations Security Council Resolution 935 – Commission of Experts to examine violations of international humanitarian law committed in Rwanda
Resolution 935 (1994)
The Security Council,
Reaffirming all its previous resolutions on the situation in Rwanda,
Reaffirming, in particular, resolutions 918 (1994) and 925 (1994), which expanded the United Nations Assistance Mission for Rwanda (UNAMIR), and stressing in this connection the need for early deployment of the expanded UNAMIR to enable it to carry out its mandate,Recalling the statement by the President of the Security Council of30 April 1994 (S/PRST/1994/21) in which the Security Council, inter alia,condemned all breaches of international humanitarian law in Rwanda, particularly those perpetrated against the civilian population, and recalled that persons whoinstigate or participate in such acts are individually responsible,Recalling also the requests it addressed to the Secretary-General in the statement by the President of the Security Council of 30 April 1994 and inresolution 918 (1994), concerning the investigation of serious violations ofinternational humanitarian law committed in Rwanda during the conflict,
Having considered the report of the Secretary-General of 31 May 1994(S/1994/640), in which he noted that massacres and killings have continued in asystematic manner throughout Rwanda and also noted that only a properinvestigation can establish the facts in order to enable the determination ofresponsibility,
Welcoming the visit to Rwanda and to the region by the United Nations High Commissioner for Human Rights and noting the appointment, pursuant to resolutionS-3/1 of 25 May 1994 adopted by the United Nations Commission on Human Rights,of a Special Rapporteur for Rwanda,
Expressing once again its grave concern at the continuing reportsindicating that systematic, widespread and flagrant violations of internationalhumanitarian law, including acts of genocide, have been committed in Rwanda,
Recalling that all persons who commit or authorize the commission ofserious violations of international humanitarian law are individuallyresponsible for those violations and should be brought to justice,
- Requests the Secretary-General to establish, as a matter of urgency,an impartial Commission of Experts to examine and analyse information submittedpursuant to the present resolution, together with such further information asthe Commission of Experts may obtain through its own investigations or theefforts of other persons or bodies, including the information made available bythe Special Rapporteur for Rwanda, with a view to providing the Secretary-General with its conclusions on the evidence of grave violations ofinternational humanitarian law committed in the territory of Rwanda, includingthe evidence of possible acts of genocide;
2. Calls upon States and, as appropriate, international humanitarian organizations to collate substantiated information in their possession orsubmitted to them relating to grave violations of international humanitarianlaw, including breaches of the Convention on the Prevention and Punishment ofthe Crime of Genocide, committed in Rwanda during the conflict, and requestsStates, relevant United Nations bodies, and relevant organizations to make thisinformation available within thirty days of the adoption of the presentresolution and as appropriate thereafter, and to provide appropriate assistanceto the Commission of Experts referred to in paragraph 1;
3. Requests the Secretary-General to report to the Council on theestablishment of the Commission of Experts, and further requests the Secretary-General, within four months from the establishment of the Commission of Experts,to report to the Council, on the conclusions of the Commission and to takeaccount of these conclusions in any recommendations for further appropriatesteps;
4. Also requests the Secretary-General and as appropriate the High Commissioner for Human Rights through the Secretary-General to make the information submitted to the Special Rapporteur for Rwanda available to theCommission of Experts and to facilitate adequate coordination and cooperationbetween the work of the Commission of Experts and the Special Rapporteur in theperformance of their respective tasks;
5. Urges all concerned fully to cooperate with the Commission of Experts In the accomplishment of its mandate, including responding positively to requests from the Commission for assistance and access in pursuinginvestigations;
6. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 3400th meeting,on 1 July 1994.
