INTRODUCTION
to the
INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA
(ICTR)
AUGUST 1998
INTRODUCTION
Recognizing that serious violations of humanitarian law were committed in Rwanda,
and acting under Chapter VII of the United Nations Charter,
the Security Council created the International Criminal Tribunal for Rwanda (ICTR)
by virtue of resolution 955 (1994) of 8 November 1994.
The purpose of this action is also to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region. By its resolution 978 (1995) of 22 February 1995, the Security Council decided that the seat of the Tribunal would be located in Arusha, United Republic of Tanzania.
The International Criminal Tribunal for Rwanda was established for the prosecution of 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
of international law committed in the territory of neighbouring States,
between 1 January 1994 and 31 December 1994.
1. ICTR Law
The International Criminal Tribunal for Rwanda is governed by its Statute, which is annexed to Security Council Resolution 955. The Rules of Procedure and Evidence, which the Judges adopted in accordance with Article 14 of the Statute, establishes the necessary framework for the functioning of the judicial system. The Tribunal consists of three organs: the Chambers and the Appeals Chamber; the Office of the Prosecutor, in charge of investigations and prosecutions; and the Registry, responsible for providing overall judicial and administrative support to the Chambers and the Prosecutor.
Origin:
The International Criminal Tribunal for Rwanda was established on 8 November 1994 by Security Council Resolution 955 to which the Tribunal=s Statute was annexed.
Jurisdiction:
The Tribunal has the mandate to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994.
Location:
Arusha (decided by Security Council Resolution 977 of 22 February 1995). The Office of the Prosecutor is in The Hague, Netherlands, and the Deputy Prosecutor is based in Kigali, Rwanda.
Chambers :
Trial Chamber 2: Judge William Hussein Sekule (President of the Chamber), Judge Yakov Arkadievich Ostrovsky, Judge Tafazzal Hossain Khan
Judges of Appeals Chamber: President Gabrielle Kirk McDonald (USA) from 19 November 1997, Vice-President Mohamed Shahabuddeen (Guyana), Judge Lal Chand Vohrah (Malaysia),Judge Rafael Nieto Navia (Colombia) and Judge Tieya Wang (China).
Judge Antonio Cassese (Italy) served as President of the Appeals Chamber from the inception of the Tribunal up to 18 November 1997.
Prosecution:
Justice Louise Arbour (Canada) from 1 October 1996. Justice Richard Goldstone (South Africa) served as Prosecutor from the inception of the Tribunal up to 30 September 1996. The Deputy Prosecutor, based in Kigali is Mr. Bernard Acho Muna (Cameroon). He was appointed on 26 April 1997.
Registry:
Mr. Agwu Ukiwe Okali (Nigeria). He was appointed on 26 February 1997 by the Secretary-General. Mrs Imelda Perry (St. Lucia) joined the ICTR on 18 March 1998 as Acting Deputy Registrar.
Budget:
In accordance with resolution 52/218 of 22 December 1997, the General Assembly decided to appropriate the Special Account for International Criminal Tribunal for Rwanda a total of US$ 56,736,300 gross (US$50,879,100 net) for the period 1 January to 31 December 1998.
ICTR Budget for 1998 as distributed by organs:
(i) The Chambers US$ 2,109,800
(ii) Office of the Prosecutor US$14,091,100
(iii) The Registry US$ 34,659,800
Staffing:
511 persons, representing 72 nationalities are working for the ICTR as well as six Judges and 9 secondees.
Indictments:
22 indictments have been issued against 35 individuals.
Custody:
The ICTR has set up the United Nations Detention Facility in the complex of the Arusha prison. A total of 26 indicted individuals and five suspects are in custody - 30 of them in the Detention Facility in Arusha. One indictee is detained in Texas, USA. The Detention Facility has a total of 56 fully functional cells.
Trials:
One trial, that of Jean-Paul Akayesu which started on 9 January 1997 was completed in March 1998. Judgement in that trial is expected soon. Another case, that of ex-interim Prime Minister of Rwanda, Jean Kambanda has also been completed following a plea of guilty to six counts of Genocide and other crimes entered by the accused at his initial appearance before the Tribunal on 1 May 1998. Judgement in that case will also be rendered in the coming months. Two other trials are under way: that of Georges Anderson Nderubumwe Rutaganda which began on 18 March 1997; and the joint trial of Clément Kayishema and Obed Ruzindana which started on 11 April 1997.
As of 29 September 1997, a second courtroom is operational which has enabled the Trial Chambers to conduct two trials simultaneously. On 30 April 1998, the Security Council adopted its resolution 1165 (1998) which established a third Trial Chamber of three additional judges for the Tribunal. Elections to this chamber will take place at the soonest possible time.
Witnesses:
28 Prosecution witnesses and 13 Defence witnesses testified in the Akayesu case; 22 Prosecution witnesses in Rutaganda case and 51 Prosecution witnesses in the joint Kayishema-Ruzindana case have testified.