The General Assembly met this morning to consider the reports of the International Criminal Tribunals for Rwanda.

The Assembly also had before it (in document A/54/315-S/1999/943) the fourth annual report of the International Tribunal for Rwanda, which was established to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in Rwanda during 1994. Based in Arusha, it can also prosecute Rwandan citizens charged with such crimes committed in neighbouring States during the same period.

The report says that the past year has been a historic one, as it delivered its first four judgements during that time, beginning the "process of transforming aspirations for international criminal justice into reality". Among those judgements was the first-ever conviction for genocide delivered by an international court: Jean Paul Akayesu, the former Mayor of the Taba commune, was found guilty of nine of 15 counts proffered against him, including genocide, direct and public incitement to commit genocide, and crimes against humanity. He was sentenced to life imprisonment for each of the nine counts, with sentences to run concurrently. The Trial Chamber found that Mr. Akayesu had initially tried to stop the killing of Tutsis in Rwanda, but later stopped trying to maintain law and order. He had been present during the killings and sometimes gave orders himself for bodily or mental harm to be caused to certain Tutsis, and endorsed and even ordered the killing of several persons from that tribe. The former Prim

e Minister of the Interim Government in Rwanda, Jean Kambanda, was also convicted and sentenced to life imprisonment after he pleaded guilty to genocide and crimes against humanity, the report notes. Also convicted, and sentenced to 15 years imprisonment, was Omar Serushago, a local leader of the Interahamwe militia. In May 1999, the Tribunal convicted and sentenced Clement Kayishema and Obed Ruzindana - charged jointly - to life and 25 years imprisonment, respectively.

Another development, established by Security Council resolution 1165 (1998) at the Tribunal's request, was the creation of a third Trial Chamber, increasing the number of trial judges from six to nine. The report states that this should enable the Tribunal to begin expeditiously the trials of all the accused currently detained, of whom there are currently 31. The judges are determined to complete as many trials as possible before the expiration of their mandate in 2003. Nevertheless, the report notes, they are mindful of the due process requirements of international law and of the Statute of the Tribunal, which will inevitably result in some delay in the proceedings.

The report further states that during the reporting period nine accused persons were arrested and transferred to the Tribunal's Detention Facility in Arusha where they are awaiting trial. All of them had occupied positions of authority in the Government of Rwanda and had been detained between 1998 and 1999 with the cooperation of Togo, Namibia, Mali, Benin, Kenya and South Africa. The report credits the Office of the Prosecutor with moving towards ending the impunity of the perpetrators of the genocide in Rwanda. The Office has presented four amended indictments, which have been confirmed, against 14 persons. Preliminary motions, most of them concerning the protection of witnesses, amendment of indictments and the joinder of accused, have been filed in pending matters.

The report indicates an improvement in the allocation of funds to the Tribunal's budget. It notes that, after a careful analysis of the expenditure trends and the Tribunal's overall needs for the 1998 fiscal year, the General Assembly (see resolution 53/213) decided to provide it with over $75 million for 1999. Meanwhile, the Tribunal has continued to accept offers of gratis personnel, audio and video equipment, and other resources from States. The report notes that many of the witnesses called before the Tribunal have neither legal status in the countries where they are residing, nor valid travel documents. While several States have provided temporary documents and waived immigration procedures, the Tribunal still seeks further cooperation from Member States in this regard. Without such cooperation, it will be impossible to produce witnesses in a timely manner, thus, slowing the entire judicial process. Also, the report continues, the work of the Tribunal highlights the urgent need for further cooperation

with respect to the imprisonment of convicted persons. The lack of availability of national prison facilities where these sentences can be served remains a serious concern.