Subject: RWANDA: AD HOC TRIBUNAL
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UNITED NATIONS - SECURITY COUNCIL
RESOLUTION 955 ADOPTED BY THE SECURITY COUNCIL AT ITS 3453RD MEETING, ON 8
NOVEMBER 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 by the 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 and 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-mentioned violations of international humanitarian law will
contribute to ansuring that such violations are halted and effectively
redressed,
Stresing also the need for international cooperation to strengthen the
courts and judicial system of Rwanda, having reagard 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,
1. Decides hereby, having received the request of the Government of Rwanda
(S/1994/1115), to establish an international tribunal for the sole purpose
of prosecuting 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 and to this and 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
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 28 of the Statute, and requests
States to keep the Secretary-General informed 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 intervovernmental and non-governmental organizations to
contribute funds, equipment and service 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 consideration of justice and fairness as
well as administrative efficiency, including access to witnessee, and
economy, and ubject to the conclusion of appropriate arrangements between
the United Nations and the States 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 neceeeeeeeessary for the efficient
exercise of its functions; and decides that an office will be established
and proceeding will be conducted in Rwanda, where foacible 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 seised of the matter.
