United Nations Security Council Resolution 978 – Arrest and detention of persons responsible for acts within the jurisdiction of the International Tribunal for Rwanda (ICTR)
Resolution 978 (1995)
The Security Council,
Recalling all its previous resolutions on the situation in Rwanda, in particular its resolutions 935 (1994) and 955 (1994),
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,
Noting that these reports were confirmed in the final report of the Commission of Experts submitted pursuant to resolution 935 (1994) (S/1994/1405,annex),
Recalling the obligations contained in resolution 955 (1994), which created the International Tribunal for Rwanda,
Concerned by the conditions in the refugee camps outside Rwanda, including reports of violence directed against refugees who voluntarily wish to return to Rwanda,
Determined to put an end to violations of international humanitarian law and serious acts of violence directed against refugees, and that effective measures be taken to bring to justice the persons who are responsible for such crimes,
Noting the reports of the Secretary-General on security in the Rwandese refugee camps of 18 November 1994 (S/1994/1308) and 25 January 1995 (S/1995/65),
Welcoming the report of the Secretary-General (S/1995/134) dated 13 February 1995 and stressing the importance of taking all measures for the early and effective functioning of the International Tribunal for Rwanda,
Stressing the need for States to take as soon as possible any measures necessary under their domestic law to implement the provisions of resolution 955 (1994) and of the Statute of the International Tribunal for Rwanda,
- Urges States to arrest and detain, in accordance with their national law and relevant standards of international law, pending prosecution by the international Tribunal for Rwanda or by the appropriate national authorities,persons found within their territory against whom there is sufficient evidence that they were responsible for acts within the jurisdiction of the International Tribunal for Rwanda;
2. Urges States who detain persons referred to in paragraph 1 above to inform the Secretary-General and the Prosecutor of the International Tribunal for Rwanda of the identity of the persons detained, the nature of the crimes believed to have been committed, the evidence providing probable cause for the detentions, the date when the persons were detained and the place of detention;
3. Urges States who detain such persons to cooperate with representatives of the International Committee of the Red Cross, as well as investigators for the International Tribunal for Rwanda, in order to secure unimpeded access to those persons;
4. Condemns all attacks against persons in the refugee camps near the borders of Rwanda, demands that such attacks immediately cease, and calls upon States to take appropriate steps to prevent such attacks;
5. Urges States, on whose territory serious acts of violence in the refugee camps have taken place, to arrest and detain, in accordance with their national law and relevant standards of international law, and submit to the appropriate authorities for the purpose of prosecution persons against whom there is sufficient evidence that they have incited or participated in such acts and further urges the States concerned to keep the Secretary-General informed of the measures they have taken to this effect;
6. Decides to remain actively seized of the matter.
Adopted by the Security Council at its 3504th meeting, on 27 February 1995.
