From: R.Cicciomessere@agora.stm.it

To: transago@agora.stm.it

Subject: AD HOC TRIBUNAL - ARCHIVE

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SECURITY COUNCIL ESTABLISHES INTERNATIONAL TRIBUNAL TO PROSECUTE VIOLATIONS

OF HUMANITARIAN LAW IN FORMER YUGOSLAVIA

RESOLUTION 827 (25 May 1993)

"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 Republic of Bosnia and Herzegovina, including reports of mass killings,

massive, organized and systematic detention and rape of women, and the

continuance of the practice of 'ethnic cleansing', including for the

acquisition and the 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 as an ad hoc measure by the Council of an

international tribunal and 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 an international 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 (1993) 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 1991,

"Considering that, pending the appointment of the Prosecutor of the

International Tribunal, the Commission of Experts established pursuant to

resolution 780 (1992) should continue on an urgent basis the collection of

information relating to evidence of grave breaches of the Geneva

Conventions and other violations of international 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

sole 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 to adopt

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, upon their election, any suggestions received from

States for the rules of procedure and evidence called for in Article 15 of

the Statute of the International Tribunal;

"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 or orders issued by a Trial Chamber under Article 29 of the

Statute;

"5. Urges States and intergovernmental and non-governmental

organizations to contribute funds, equipment and services to the

International Tribunal, including the offer of expert personnel;

"6. Decides that the determination of the seat of the International

Tribunal is subject to the conclusion of appropriate arrangements between

the United Nations and the Netherlands acceptable to the Council, and that

the International Tribunal may sit elsewhere when it considers it necessary

for the efficient exercise of its functions;

"7. Decides also that the work of the International Tribunal shall be

carried out without prejudice to the right of the victims to seek, through

appropriate means, compensation for damages incurred as a result of

violations of international humanitarian law;

"8. Requests the Secretary-General to implement urgently the present

resolution and in particular to make practical arrangements for the

effective functioning of the International Tribunal at the earliest time

and to report periodically to the Council;

"9. Decides to remain actively seized of the matter."