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国际刑事法庭(芦旺达)规约
国际刑事法庭(芦旺达)规约
STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
Article 1: Competence of the International Tribunal for Rwanda
Article 2: Genocide
Article 3: Crimes against Humanity
Article 4: Violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II
Article 5: Personal Jurisdiction
Article 6: Individual Criminal Responsibility
Article 7: Territorial and Temporal Jurisdiction
Article 8: Concurrent Jurisdiction
Article 9: Non Bis in Idem
Article 10: Organization of the International Tribunal for Rwanda
Article 11: Composition of the Chambers
Article 12: Qualification and Election of Judges
Article 12 bis: Election of Permanent Judges
Article 12 ter: Election and Appointment of Ad Litem Judges
Article 12 quater: Status of Ad Litem Judges
Article 13: Officers and Members of the Chambers
Article 14: Rules of Procedure and Evidence
Article 15: The Prosecutor
Article 16: The Registry
Article 17: Investigation and Preparation of the Indictment
Article 18: Review of the Indictment
Article 19: Commencement and Conduct of Trial Proceedings
Article 20: Rights of the Accused
Article 21: Protection of Victims and Witnesses
Article 22: Judgement
Article 23: Penalties
Article 24: Appellate Proceedings
Article 25: Review Proceedings
Article 26: Enforcement of Sentences
Article 27: Pardon or Commutation of Sentences
Article 28: Cooperation and Judicial Assistance
Article 29: The Status, Privileges and Immunity of the International Tribunal for Rwanda
Article 30: Expenses of the International Tribunal for Rwanda
Article 31: Working Languages
Article 32: Annual Report
STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA
(As amended)
As amended 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 civilised 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 the neighbouring States, between 1 January 1994 and 31 December 1994.
2. The International Tribunal for Rwanda shall have the 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.
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