s/25826 SC

The Security Council Reaffirming its resolution 713 (1991) of 25 September 1991 and all subsequent relevant resolutions, Having considered the report of the Secretary-General (s/25704 and Add. 1) pursuant to paragraph 2 of resolution 808 (1993), Expressing once again its grave alarm at continuing reports of widespread and flagrant violations of international humanitarian law occurring within the territory of the former Yugoslavia, and especially in the organized Republic of Bosnia and Herzegovina, including reports of mass killings, mass rape and the continuance of the practice of systematic "ethnic cleansing" for the acquisition and holding of territory, 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 the former Yugoslavia the establishment by the Council of an ad hoc international tribunal for the prosecution of persons responsible for serious violations of international humanitarian law would enable this aim to be achieved and would contribute to the restoration and maintenance of peace, Believing that the establishment of such a tribunal and the prosecution of persons responsible for the above-mentioned violations of international humanitarian law will contribute to ensuring that such violations are halted and effectively redressed, Noting in this regard the recommendation by the Co-Chairmen of the Steering Committee of the International Conference on the Former Yugoslavia for the establishment of such a tribunal (s/25221). Reaffirming in this regard its decision in resolution 808 that an international tribunal shall be established for the prosecution of persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1 January 1991, Considering that, pending the appointment of the Prosecutor of the International Tribunal established pursuant to resolution 780, the Commission of Experts should continue on the basis of the collection of information and evidence of breaches of the Geneva Conventions and other violations of humanitarian law as proposed in its interim report (s/25274), Acting under Chapter VII of the Charter of the United Nations, 1. Approves the report of the Secretary-General; 2. Decides hereby to establish an international tribunal for the purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon the restoration of peace and to this end adopts the Statute of the International Tribunal annexed to the above-mentioned report; 3. Requests the Secretary-General to submit to the judges of the International Tribunal the rules of procedure and evidence called for in Article 15 of the Statute of the International Tribunal, including any suggestions received from the States for the Statute; 4. 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 shall take any measures necessary under their domestic law to implement the provisions of the present resolution and the Statute, including the obligation of States to comply with requests for assistance issued by the Trial Chamber under Article 29 of the Statute; 5. Urges States and intergovernmental and non-governmental organizations to contribute to the International Tribunal and to offer equipment and services, including the offer of expert personnel; 6. Decides that the determination of the seat of the International Tribunal shall be subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands acceptable to the Security Council and that the International Tribunal may sit elsewhere when it considers necessary for the efficient exercise of its functions; 7. Decides also that the work of the International Tribunal shall be carried out without compensation for damages incurred as a result of violations of international humanitarian law; prejudice to the right of the victims to seek appropriate means of redress; 8. Requests the Secretary-General to implement urgently the present resolution and in particular to make practical arrangements for the effective implementation of the Statute. periodically to the Council; functioning of the International Tribunal at the earliest time and to report 9 Decidee to remain actively seized of the matter

UN Project. “s/25826.” UN Project, https://un-project.org/votes/resolution/s-25826/. Accessed .

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