Proposal from Filippo di Robilant concerning implementing legislation.

Parliamentary Motion

Proposed Text:

In accordance with Security Council resolution 827 (1993) of 25 May 1993 paragraph 4, "all states shall cooperate fully" with the Tribunal and its organs and "shall take any measures necessary under their domestic law to implement the provisions" of the Statute and comply with "requests for assistance or orders issued by a Trial Chamber".

In order to follow up on this binding obligation to cooperate with the Tribunal, we urge the ( name of the parliamentary institution) to enact, in the briefest delay, the appropriate implementing legislation.

Signatures

Memorandum

By the end of 1994 Finland, Italy, The Netherlands, Norway, Spain and Sweden had put implementing legislation into operation, while Denmark, France, Germany and the Republic of Bosnia and Herzegovina followed in the course of 1995.

The following States have indicated their intention to adopt such legislation in the near future: Australia, Austria, New Zealand, Sri Lanka, Switzerland, Turkey, the United Kingdom and the United States ( this last State signed a specific Agreement with the Tribunal on the surrender of persons but the consequences of the Agreement still require implementing legislation).

Although a majority of West European States have either passed legislation or will do so in the near future, almost none of the States from the Balkan area and the East European region have indicated any intention to adopt implementing legislation. It is of importance to the Tribunal that countries close to the conflict such as Croatia, Slovenia, Hungary, Bulgaria, Tcheck Republic, Slovak Republic, Rumania and Albania, as well as major Eastern European States such as Russia, the Ukraine, Poland and Belarus, are rapidly put in the condition to assist the Tribunal.

Besides the need for enacting national implementing legislation, the Tribunal has requested UN Member States to carry out enforcement of prison sentences pursuant to Article 27 of the Statute, which prescribes that imprisonment imposed by theTribunal on a convicted person shall be served in a State designated by the Tribunal from a list of States which have indicated their willingness to accept convicted persons.

Aside from a favourable response from Pakistan, the Republic of Bosnia and Herzegovina, Norway, Germany and Finland, the majority of Member States expressed a lack of willingness to assist on this matter : most States did not respond, many said they were unable to help, some indicated they were not yet in a position to respond and others indicated a willingness to assist only with State nationals. There is an obvious need for more cooperation on this matter.

(source: Office of the President, International Criminal Tribunal for the Former Yugoslavia, The Hague)