United Nations Security Council Resolution 955 – Establishment of the International Criminal Tribunal for Rwanda (ICTR) and adoption of the Statute of the Tribunal
Resolution 955 (1994)
The Security Council,
Reaffirming all its previous resolutions on the situation in Rwanda,
Having considered the reports of the Secretary-General pursuant to paragraph 3 of resolution 935 (1994) of 1 July 1994 (S/1994/879 and S/1994/906),and having taken note of the reports of the Special Rapporteur for Rwanda of the United Nations Commission on Human Rights (S/1994/1157, annex I and annex II),
Expressing appreciation for the work of the Commission of Experts established pursuant to resolution 935 (1994), in particular its preliminary report on violations of international humanitarian law in Rwanda transmitted bythe Secretary-General’s letter of 1 October 1994 (S/1994/1125),
Expressing once again its grave concern at the reports indicating that genocide and other systematic, widespread and flagrant violations of international humanitarian law have been committed in Rwanda,
Determining that this situation continues to constitute a threat to international peace and security,
Determined to put an end to such crimes and to take effective measures to bring to justice the persons who are responsible for them,
Convinced that in the particular circumstances of Rwanda, the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be achieved and would contribute to the process of national reconciliation and to the restoration and maintenance of peace,
Believing that the establishment of an international tribunal for the prosecution of persons responsible for genocide and the other above-mentionedviolations of international humanitarian law will contribute to ensuring thatsuch violations are halted and effectively redressed,
Stressing also the need for international cooperation to strengthen the courts and judicial system of Rwanda, having regard in particular to the necessity for those courts to deal with large numbers of suspects,
Considering that the Commission of Experts established pursuant to resolution 935 (1994) should continue on an urgent basis the collection of information relating to evidence of grave violations of international humanitarian law committed in the territory of Rwanda and should submit its final report to the Secretary-General by 30 November 1994,
Acting under Chapter VII of the Charter of the United Nations,
- Decides hereby, having received the request of the Government ofRwanda (S/1994/1115), to establish an international tribunal for the solepurpose of prosecuting persons responsible for genocide and other seriousviolations of international humanitarian law committed in the territory ofRwanda and Rwandan citizens responsible for genocide and other such violationscommitted in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 and to this end to adopt the Statute of the International Criminal Tribunal for Rwanda annexed hereto;
2. Decides that all States shall cooperate fully with the International Tribunal and its organs in accordance with the present resolution and the Statute of the International Tribunal and that consequently all States shalltake any measures necessary under their domestic law to implement the provisionsof the present resolution and the Statute, including the obligation of States tocomply with requests for assistance or orders issued by a Trial Chamber underArticle 28 of the Statute, and requests States to keep the Secretary-Generalinformed of such measures;
3. Considers that the Government of Rwanda should be notified prior to the taking of decisions under articles 26 and 27 of the Statute;
4. Urges States and intergovernmental and non-governmental organizations to contribute funds, equipment and services to the International Tribunal,including the offer of expert personnel;
5. Requests the Secretary-General to implement this resolution urgently and in particular to make practical arrangements for the effective functioning of the International Tribunal, including recommendations to the Council as to possible locations for the seat of the International Tribunal at the earliest time and to report periodically to the Council;
6. Decides that the seat of the International Tribunal shall be determined by the Council having regard to considerations of justice andfairness as well as administrative efficiency, including access to witnesses,and economy, and subject to the conclusion of appropriate arrangements between the United Nations and the State of the seat, acceptable to the Council, having regard to the fact that the International Tribunal may meet away from its seat when it considers it necessary for the efficient exercise of its functions; and decides that an office will be established and proceedings will be conducted in Rwanda, where feasible and appropriate, subject to the conclusion of similar appropriate arrangements;
7. Decides to consider increasing the number of judges and Trial Chambers Of the International Tribunal if it becomes necessary;
8. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 3453rd meeting,on 8 November 1994.
