IT/32/Rev.
36
(Adopted On
11 February 1994)
(As Amended 5 May 1994)
(As Further Amended 4 October 1994)
(As Revised 30 January 1995)
(As Amended 3 May 1995)
(As Further Amended 15 June 1995)
(As Amended 6 October 1995)
(As Further Amended 18 January 1996)
(As Amended 23 April 1996)
(As Amended 25 June and 5 July 1996)
(As Amended 3 December 1996)
(As Further Amended 25 July 1997)
(As Revised 12 November 1997)
(As Amended 10 July 1998)
(As Amended 4 December 1998)
(As Amended 25 February 1999)
(As Amended 2 July 1999)
(As Amended 17 November 1999)
(As Amended 14 July 2000)
(As Amended 1 and 13 December 2000)
(As Amended 12 April 2001)
(As Amended 12 July 2001)
(As Amended 13 December 2001)
(Incorporating IT/32/Rev. 22/Corr.1)
(As Amended 23 April 2002)
(As Amended 12 July 2002)
(As Amended 10 October 2002)
(As Amended 12 December 2002)
(As Amended 24 June 2003)
(As Amended 17 July 2003)
(As Amended 12 December 2003)
(As Amended 6 April 2004)
(As Amended 10 June 2004)
(As Amended 28 July 2004)
(As Amended 8 December 2004)
(As Amended 11 February 2005)
(As Amended 11 March 2005)
(As Amended 21 July 2005)
C O N T E N T S
PART ONE
GENERAL PROVISIONS
Rule 1
Entry into Force
(Adopted 11 Feb 1994)
These Rules of Procedure and Evidence, adopted pursuant to Article 15
of the Statute of the Tribunal, shall come into force on 14 March 1994.
Rule 2
Definitions
(Adopted 11 Feb 1994)
- In the Rules, unless the context otherwise requires, the following
terms shall mean:
Rules: The Rules of Procedure and Evidence in force;
(Amended 25 July 1997)
Statute: The Statute of the Tribunal adopted by Security Council
resolution 827 of 25 May 1993;
Tribunal: The International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International Humanitarian
Law Committed in the Territory of the Former Yugoslavia since 1991,
established by Security Council resolution 827 of 25 May 1993.
* * *
Accused: A person against whom one or more counts in an indictment
have been confirmed in accordance with Rule 47; (Amended 25 July
1997)
Ad litem Judge: A Judge appointed pursuant to Article
13 ter of the Statute; (Amended 12 Apr 2001)
Arrest: The act of taking a suspect or an accused into custody
pursuant to a warrant of arrest or under Rule 40;
(Amended 25 July 1997)
Bureau: A body composed of the President, the Vice-President
and the Presiding Judges of the Trial Chambers;
Defence: The accused, and/or the accused's counsel;
(Amended 17 Nov 1999)
Investigation: All activities undertaken by the Prosecutor under
the Statute and the Rules for the collection of information and evidence,
whether before or after an indictment is confirmed; (Amended 25 July
1997)
Parties: The Prosecutor and the Defence; (Amended 17
Nov 1999)
Permanent Judge: A Judge elected or appointed pursuant to Article
13 bis of the Statute; (Amended 12 Apr 2001)
President: The President of the Tribunal;
Prosecutor: The Prosecutor appointed pursuant to Article 16
of the Statute;
Regulations: The provisions framed by the Prosecutor pursuant
to Rule 37 (A) for the purpose of directing the functions of the
Office of the Prosecutor; (Revised 30 Jan 1995, revised 12 Nov 1997)
State:
(i) A State Member or non-Member of the United Nations;
(ii) an entity recognised by the constitution of Bosnia and Herzegovina,
namely, the Federation of Bosnia and Herzegovina and the Republic Srpska;
or
(iii) a self-proclaimed entity de facto exercising governmental functions,
whether recognised as a State or not;
(Revised 30 Jan 1995, amended 12 Dec 2002)
Suspect: A person concerning whom the Prosecutor possesses reliable
information which tends to show that the person may have committed
a crime over which the Tribunal has jurisdiction; (Revised 30 Jan
1995, revised 12 Nov 1997)
Transaction: A number of acts or omissions whether occurring
as one event or a number of events, at the same or different locations
and being part of a common scheme, strategy or plan;
Victim: A person against whom a crime over which the Tribunal
has jurisdiction has allegedly been committed.
- In the Rules, the masculine shall include the feminine and the
singular the plural, and vice-versa.
Rule 3
Languages
(Adopted 11 Feb 1994)
(A) The working languages of the Tribunal shall be English and French.
(B) An accused shall have the right to use his or her own language.
(Revised 12 Nov 1997)
(C) Other persons appearing before the Tribunal, other than as counsel,
who do not have sufficient knowledge of either of the two working
languages, may use their own language. (Revised 30 Jan 1995, revised
12 Nov 1997)
(D) Counsel for an accused may apply to the Presiding Judge of a
Chamber for leave to use a language other than the two working ones
or the language of the accused. If such leave is granted, the expenses
of interpretation and translation shall be borne by the Tribunal
to the extent, if any, determined by the President, taking into account
the rights of the defence and the interests of justice.
(E) The Registrar shall make any necessary arrangements for interpretation
and translation into and from the working languages.
(F) If:
(i) a party is required to take any action within a specified
time after the filing or service of a document by another party;
and
(ii) pursuant to the Rules, that document is filed in a language
other than one of the working languages of the Tribunal,
time shall not run until the party required to take action has received
from the Registrar a translation of the document into one of the
working languages of the Tribunal. (Amended 25 July 1997)
Rule 4
Meetings away from the Seat of the Tribunal
(Adopted 11 Feb 1994)
A Chamber may exercise its functions at a place other than the
seat of the Tribunal, if so authorised by the President in the interests
of justice.
Rule 5
Non-compliance with Rules
(Adopted 11 Feb 1994, revised 30 Jan 1995)
(A) Where an objection on the ground of non-compliance with the
Rules or Regulations is raised by a party at the earliest opportunity,
the Trial Chamber shall grant relief if it finds that the alleged
non-compliance is proved and that it has caused material prejudice
to that party. (Revised 12 Nov 1997)
(B) Where such an objection is raised otherwise than at the earliest
opportunity, the Trial Chamber may in its discretion grant relief
if it finds that the alleged non-compliance is proved and that it
has caused material prejudice to the objecting party. (Revised 12
Nov 1997)
(C) The relief granted by a Trial Chamber under this Rule shall
be such remedy as the Trial Chamber considers appropriate to ensure
consistency with the fundamental principles of fairness. (Revised
12 Nov 1997)
Rule 6
Amendment of the Rules
(Adopted 11 Feb 1994)
(A) Proposals for amendment of the Rules may be made by
a Judge, the Prosecutor or the Registrar and shall be adopted
if agreed to by not less than ten permanent Judges at a
plenary meeting of the Tribunal convened with notice of
the proposal addressed to all Judges. (Amended 4 Dec 1998,
amended 12 Apr 2001)
(B) An amendment to the Rules may be otherwise adopted,
provided it is unanimously approved by the permanent Judges.
(Amended 12 Apr 2001)
(C) Proposals for amendment of the Rules may otherwise
be made in accordance with the Practice Direction issued
by the President. (Amended 4 Dec 1998)
(D) An amendment shall enter into force seven days after
the date of issue of an official Tribunal document containing
the amendment, but shall not operate to prejudice the rights
of the accused or of a convicted or acquitted person in
any pending case. (Amended 4 Dec 1998, amended 1 Dec 2000
and 13 Dec 2000)
Rule 7
Authentic Texts
(Adopted 11 Feb 1994)
The English and French texts of the Rules shall be equally
authentic. In case of discrepancy, the version which is more
consonant with the spirit of the Statute and the Rules shall
prevail.
PART
TWO
PRIMACY OF THE TRIBUNAL
Rule
7 bis
Non-compliance with Obligations
(Adopted 25 July 1997)
(A) In addition to cases to which Rule 11, Rule 13,
Rule 59 or Rule 61 applies, where a Trial Chamber
or a permanent Judge is satisfied that a State has failed
to comply with an obligation under Article 29 of the Statute
which relates to any proceedings before that Chamber or
Judge, the Chamber or Judge may advise the President, who
shall report the matter to the Security Council. (Amended
12 Apr 2001)
(B) If the Prosecutor satisfies the President that a State
has failed to comply with an obligation under Article 29
of the Statute in respect of a request by the Prosecutor
under Rule 8, Rule 39 or Rule 40, the President
shall notify the Security Council thereof.
Rule 8
Request for Information
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997)
Where it appears to the Prosecutor that a crime within
the jurisdiction of the Tribunal is or has been the subject
of investigations or criminal proceedings instituted in the
courts of any State, the Prosecutor may request the State
to forward all relevant information in that respect, and
the State shall transmit such information to the Prosecutor
forthwith in accordance with Article 29 of the Statute.
Rule 9
Prosecutor's Request for Deferral
(Adopted 11 Feb 1994)
Where it appears to the Prosecutor that in any such
investigations or criminal proceedings instituted in the
courts of any State:
(i) the act being investigated or which is the subject
of those proceedings is characterized as an ordinary crime;
(ii) there is a lack of impartiality or independence,
or the investigations or proceedings are designed to shield
the accused from international criminal responsibility,
or the case is not diligently prosecuted; or
(iii) what is in issue is closely related to, or otherwise
involves, significant factual or legal questions which
may have implications for investigations or prosecutions
before the Tribunal,
the Prosecutor may propose to the Trial Chamber designated
by the President that a formal request be made that such
court defer to the competence of the Tribunal. (Revised 30
Jan 1995)
Rule
10
Formal Request for Deferral
(Adopted 11 Feb 1994)
(A) If it appears to the Trial Chamber seised of a proposal
for deferral that, on any of the grounds specified in Rule
9, deferral is appropriate, the Trial Chamber may issue
a formal request to the State concerned that its court
defer to the competence of the Tribunal. (Revised 30 Jan
1995)
(B) A request for deferral shall include a request that
the results of the investigation and a copy of the court's
records and the judgement, if already delivered, be forwarded
to the Tribunal.
(C) Where deferral to the Tribunal has been requested
by a Trial Chamber, any subsequent trial shall be held
before another Trial Chamber. (Amended 3 May 1995, amended
17 Nov 1999)
Rule
11
Non-compliance with a Request for Deferral
(Adopted 11 Feb 1994, amended 25 July 1997)
If, within sixty days after a request for deferral has
been notified by the Registrar to the State under whose jurisdiction
the investigations or criminal proceedings have been instituted,
the State fails to file a response which satisfies the Trial
Chamber that the State has taken or is taking adequate steps
to comply with the request, the Trial Chamber may request
the President to report the matter to the Security Council.
Rule
11 bis
Referral of the Indictment to Another Court
(Adopted 12 Nov 1997, revised 30 Sept 2002)
(A) After an indictment has been confirmed and prior
to the commencement of trial, irrespective of whether or
not the accused is in the custody of the Tribunal, the
President may appoint a bench of three Permanent Judges
selected from the Trial Chambers (hereinafter referred
to as the “Referral Bench”), which solely and
exclusively shall determine whether the case should be
referred to the authorities of a State:
(i) in whose territory the crime was committed; or
(ii) in which the accused was arrested; or
(Amended 10 June 2004)
(iii) having jurisdiction and being willing and adequately
prepared to accept such a case,
(Amended 10 June 2004)
so that those authorities should forthwith refer the case
to the appropriate court for trial within that State. (Revised
30 Sept 2002, amended 11 Feb 2005)
(B) The Referral Bench may order such referral proprio
motu or at the request of the Prosecutor, after having
given to the Prosecutor and, where applicable, the accused,
the opportunity to be heard and after being satisfied that
the accused will receive a fair trial and that the death
penalty will not be imposed or carried out. (Revised 30
Sept 2002, amended 10 June 2004, amended 11 Feb 2005)
(C) In determining whether to refer the case in accordance
with paragraph (A), the Referral Bench shall, in accordance
with Security Council resolution 1534 (2004) , consider
the gravity of the crimes charged and the level of responsibility
of the accused. (Revised 30 Sept 2002, amended 28 July
2004, amended 11 Feb 2005)
(D) Where an order is issued pursuant to this Rule:
(i) the accused, if in the custody of the Tribunal,
shall be handed over to the authorities of the State
concerned;
(ii) the Referral Bench may order that protective measures
for certain witnesses or victims remain in force;
(Amended 11 Feb 2005)
(iii) the Prosecutor shall provide to the authorities
of the State concerned all of the information relating
to the case which the Prosecutor considers appropriate
and, in particular, the material supporting the indictment;
(iv) the Prosecutor may send observers to monitor the
proceedings in the national courts on her behalf. (Revised
30 Sept 2002)
(E) The Referral Bench may issue a warrant for the arrest
of the accused, which shall specify the State to which
he is to be transferred to trial. (Revised 30 Sept 2002,
amended 11 Feb 2005)
(F) At any time after an order has been issued pursuant
to this Rule and before the accused is found guilty or
acquitted by a national court, the Referral Bench may,
at the request of the Prosecutor and upon having given
to the State authorities concerned the opportunity to be
heard, revoke the order and make a formal request for deferral
within the terms of Rule 10. (Revised 30 Sept 2002, amended
11 Feb 2005)
(G) Where an order issued pursuant to this Rule is revoked
by the Referral Bench, it may make a formal request to
the State concerned to transfer the accused to the seat
of the Tribunal and the State shall accede to such a request
without delay in keeping with Article 29 of the Statute.
The Referral Bench or a Judge may also issue a warrant
for the arrest of the accused. (Revised 30 Sept 2002, amended
11 Feb 2005)
(H) A Referral Bench shall have the powers of, and insofar
as applicable shall follow the procedures laid down for,
a Trial Chamber under the Rules. (Amended 11 Feb 2005)
(I) An appeal by the accused or the Prosecutor shall lie
as of right from a decision of the Referral Bench whether
or not to refer a case. Notice of appeal shall be filed
within fifteen days of the decision unless the accused
was not present or represented when the decision was pronounced,
in which case the time-limit shall run from the date on
which the accused is notified of the decision. (Amended
11 Feb 2005)
Rule
12
Determinations of Courts of any State
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 10
July 1998)
Subject to Article 10, paragraph 2, of the Statute,
determinations of courts of any State are not binding on
the Tribunal.
Rule
13
Non Bis in Idem
(Adopted 11 Feb 1994, revised 30 Jan 1995)
When the President receives reliable information to
show that criminal proceedings have been instituted against
a person before a court of any State for a crime for which
that person has already been tried by the Tribunal, a Trial
Chamber shall, following mutatis mutandis the procedure
provided in Rule 10, issue a reasoned order requesting
that court permanently to discontinue its proceedings. If
that court fails to do so, the President may report the matter
to the Security Council.
PART
THREE
ORGANIZATION OF THE TRIBUNAL
Section 1
: The Judges
Rule
14
Solemn Declaration
(Adopted 11 Feb 1994)
(A) Before taking up duties each Judge shall make the
following solemn declaration:
"I solemnly declare that I will perform my duties and
exercise my powers as a Judge of the International Tribunal
for the Prosecution of Persons Responsible for Serious
Violations of International Humanitarian Law Committed
in the Territory of the Former Yugoslavia since 1991 honourably,
faithfully, impartially and conscientiously". (Revised
12 Nov 1997)
(B) The declaration shall be signed by the Judge and witnessed
by, or by a representative of, the Secretary-General of
the United Nations. The declaration shall be kept in the
records of the Tribunal. (Revised 12 Nov 1997)
(C) A Judge whose service continues without interruption
after expiry of a previous period of service shall not
make a new declaration. (Revised 12 Nov 1997)
Rule
15
Disqualification of Judges
(Adopted 11 Feb 1994, amended 15 June 1995, amended 25 June 1996
and 5 July 1996, amended 25 July 1997, amended 17 Nov 1999)
(A) A Judge may not sit on a trial or appeal in any case
in which the Judge has a personal interest or concerning
which the Judge has or has had any association which might
affect his or her impartiality. The Judge shall in any
such circumstance withdraw, and the President shall assign
another Judge to the case.
(B) (i) Any party may apply to the Presiding Judge of
a Chamber for the disqualification and withdrawal of a
Judge of that Chamber from a trial or appeal upon the above
grounds. The Presiding Judge shall confer with the Judge
in question and report to the President. (Revised 30 Jan
1995)
(ii) Following the report of the Presiding Judge, the
President shall, if necessary, appoint a panel of three
Judges drawn from other Chambers to report to him its
decision on the merits of the application. If the decision
is to uphold the application, the President shall assign
another Judge to sit in the place of the Judge in question.
(iii) The decision of the panel of three Judges shall
not be subject to interlocutory appeal.
(iv) If the Judge in question is the President, the
responsibility of the President in accordance with this
paragraph shall be assumed by the Vice-President or,
if he or she is not able to act in the application, by
the permanent Judge most senior in precedence who is
able to act. (Amended 21 July 2005)
(C) The Judge of the Trial Chamber who reviews an indictment
against an accused, pursuant to Article 19 of the Statute
and Rules 47 or 61, shall not be disqualified for sitting
as a member of the Trial Chamber for the trial of that
accused. Such a Judge shall also not be disqualified for
sitting as a member of the Appeals Chamber to hear any
appeal in that case. (Amended 6 Oct 1995, amended 2 July
1999, amended 17 Nov 1999, amended 1 Dec 2000 and 13 Dec
2000, amended 12 Dec 2002, amended 21 July 2005)
(D) (i) No Judge shall sit on any appeal in a case in
which that Judge sat as a member of the Trial Chamber.
(Amended 10 July 1998, amended 4 Dec 1998, amended 1 Dec
2000 and 13 Dec 2000, amended 12 Dec 2002, amended 21 July
2005)
(ii) No Judge shall sit on any State Request for Review
pursuant to
Rule 108 bis in a matter in which that Judge sat as a member of the
Trial Chamber whose decision is to be reviewed. (Amended 10 July
1998)
Rule 15 bis
Absence of a Judge
(Adopted 17 Nov 1999)
(A) If
(i) a Judge is, for illness or other urgent personal
reasons, or for reasons of authorised Tribunal business,
unable to continue sitting in a part-heard case for a
period which is likely to be of short duration, and
(Amended 1 Dec 2000 and 13 Dec 2000)
(ii) the remaining Judges of the Chamber are satisfied
that it is in the interests of justice to do so, (Amended
12 Dec 2002)
those remaining Judges of the Chamber may order that the
hearing of the case continue in the absence of that Judge
for a period of not more than five working days.
(B) If
(i) a Judge is, for illness or urgent personal reasons,
or for reasons of authorised Tribunal business, unable
to continue sitting in a part-heard case for a period
which is likely to be of short duration, and
(Amended 1 Dec 2000 and 13 Dec 2000)
(ii) the remaining Judges of the Chamber are not satisfied
that it is in the interests of justice to order that
the hearing of the case continue in the absence of that
Judge, then
(a) those remaining Judges of the Chamber may nevertheless
conduct those matters which they are satisfied it is
in the interests of justice that they be disposed of
notwithstanding the absence of that Judge, and
(b) the Presiding Judge may adjourn the proceedings.
(C) If, by reason of death, illness, resignation from
the Tribunal, or non-reelection, a Judge is, for any reason,
unable to continue sitting in a part-heard case for a period
which is likely to be longer than of a short duration,
the Presiding Judge shall report to the President who may
assign another Judge to the case and order either a rehearing
or continuation of the proceedings from that point. However,
after the opening statements provided for in Rule 84,
or the beginning of the presentation of evidence pursuant
to Rule 85, the continuation of the proceedings can
only be ordered with the consent of the accused, except
as provided for in paragraph (D). (Amended 12 Dec
2002)
(D) If, in the circumstances mentioned in the last sentence
of paragraph (C), the accused withholds his consent, the
remaining Judges may nonetheless decide to continue the
proceedings before a Trial Chamber with a substitute Judge
if, taking all the circumstances into account, they determine
unanimously that doing so would serve the interests of
justice. This decision is subject to appeal directly to
a full bench of the Appeals Chamber by either party. If
no appeal is taken or the Appeals Chamber affirms the decision
of the Trial Chamber, the President shall assign to the
existing bench a Judge, who, however, can join the bench
only after he or she has certified that he or she has familiarised
himself or herself with the record of the proceedings.
Only one substitution under this paragraph may be made.
(Amended 12 Dec 2002)
(E) Appeals under paragraph (D) shall be filled within
seven days of filing of the impugned decision. When such
decision is rendered orally, this time-limit shall run
from the date of the oral decision, unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case, the time-limit shall
run from filing of the written decision.
(Amended 12 Dec 2002)
(F) In case of illness or an unfilled vacancy or in any
other similar circumstances, the President may, if satisfied
that it is in the interests of justice to do so, authorise
a Chamber to conduct routine matters, such as the delivery
of decisions, in the absence of one or more of its members.
Rule
16
Resignation
(Adopted 11 Feb 1994)
A Judge who decides to resign shall communicate the resignation
in writing to the President who shall transmit it to the
Secretary-General of the United Nations.
Rule
17
Precedence
(Adopted 11 Feb 1994)
(A) All Judges are equal in the exercise of their judicial
functions, regardless of dates of election, appointment,
age or period of service.
(B) The Presiding Judges of the Trial Chambers shall take
precedence according to age after the President and the
Vice-President.
(C) Permanent Judges elected or appointed on different
dates shall take precedence according to the dates of their
election or appointment; Judges elected or appointed on
the same date shall take precedence according to age. (Amended
12 Apr 2001)
(D) In case of re-election, the total period of service
as a Judge of the Tribunal shall be taken into account.
(E) Ad litem Judges shall take precedence after
the permanent Judges according to the dates of their appointment. Ad
litem Judges appointed on the same date shall take
precedence according to age. (Amended 12 Apr 2001)
Section
2 : The Presidency
Rule
18
Election of the President
(Adopted 11 Feb 1994)
(A) The President shall be elected for a term of two years,
or such shorter term as shall coincide with the duration
of his or her term of office as a Judge. The President
may be re-elected once. (Revised 12 Nov 1997)
(B) If the President ceases to be a member of the Tribunal
or resigns from office before the expiration of his or
her term, the permanent Judges shall elect from among their
number a successor for the remainder of the term. (Revised
12 Nov 1997, amended 12 Apr 2001)
(C) The President shall be elected by a majority of the
votes of the permanent Judges composing the Tribunal. If
no Judge obtains such a majority, the second ballot shall
be limited to the two Judges who obtained the greatest
number of votes on the first ballot. In the case of equality
of votes on the second ballot, the Judge who takes precedence
in accordance with Rule 17 shall be declared elected.
(Amended 12 Apr 2001)
Rule
19
Functions of the President
(Adopted 11 Feb 1994)
(A) The President shall preside at all plenary meetings
of the Tribunal. The President shall coordinate the work
of the Chambers and supervise the activities of the Registry
as well as exercise all the other functions conferred on
the President by the Statute and the Rules. (Revised 12
Nov 1997)
(B) The President may from time to time, and in consultation
with the Bureau, the Registrar and the Prosecutor, issue
Practice Directions, consistent with the Statute and the
Rules, addressing detailed aspects of the conduct of proceedings
before the Tribunal. (Revised 12 Nov 1997)
Rule
20
The Vice-President
(Adopted 11 Feb 1994)
(A) The Vice-President shall be elected for a term of
two years, or such shorter term as shall coincide with
the duration of his or her term of office as a permanent
Judge. The Vice President may be re-elected once. (Revised
12 Nov 1997, amended 12 Apr 2001)
(B) The Vice-President may sit as a member of a Trial
Chamber or of the Appeals Chamber.
(C) Rules 18 (B) and (C) shall apply mutatis mutandis to
the Vice-President. (Amended 1 Dec 2000 and 13 Dec 2000)
Rule
21
Functions of the Vice-President
(Adopted 11 Feb 1994, revised 12 Nov 1997, amended 1
Dec 2000 and 13 Dec 2000)
Subject to Rule 22 (B), the Vice-President shall exercise
the functions of the President in case of the latter’s
absence or inability to act.
Rule
22
Replacements
(Adopted 11 Feb 1994)
(A) If neither the President nor the Vice-President remains
in office or is able to carry out the functions of the
President, these shall be assumed by the senior permanent
Judge, determined in accordance with Rule 17 (C).
(Amended 12 Apr 2001, amended 12 July 2001)
(B) If the President is unable to exercise the functions
of Presiding Judge of the Appeals Chamber, that Chamber
shall elect a Presiding Judge from among its number. (Revised
12 Nov 1997)
(C) The President and the Vice-President, if still permanent
Judges, shall continue to discharge their functions after
the expiration of their terms until the election of the
President and the Vice-President has taken place. (Amended
12 July 2001)
Section
3 : Internal Functioning of the Tribunal
Rule
23
The Bureau
(Adopted 11 Feb 1994)
(A) The Bureau shall be composed of the President, the
Vice-President and the Presiding Judges of the Trial Chambers.
(B) The President shall consult the other members of the
Bureau on all major questions relating to the functioning
of the Tribunal.
(C) The President may consult with the ad litem Judges
on matters to be discussed in the Bureau and may invite
a representative of the ad litem Judges to attend
Bureau meetings.(Amended 12 Apr 2001)
(D) A Judge may draw the attention of any member of the
Bureau to issues that the Judge considers ought to be discussed
by the Bureau or submitted to a plenary meeting of the
Tribunal.
(E) If any member of the Bureau is unable to carry out
any of the functions of the Bureau, these shall be assumed
by the senior available Judge determined in accordance
with Rule 17. (Amended 25 Feb 1999)
Rule
23 bis
The Coordination Council
(Adopted 1 Dec 2000 and 13 Dec 2000)
(A) The Coordination Council shall be composed of the
President, the Prosecutor and the Registrar.
(B) In order to achieve the mission of the Tribunal, as
defined in the Statute, the Coordination Council ensures,
having due regard for the responsibilities and the independence
of any member, the coordination of the activities of the
three organs of the Tribunal.
(C) The Coordination Council shall meet once a month at
the initiative of the President. A member may at any time
request that additional meetings be held. The President
shall chair the meetings.
(D) The Vice-President, the Deputy Prosecutor and the
Deputy Registrar may ex officio represent respectively,
the President, the Prosecutor and the Registrar.
Rule
23 ter
The Management Committee
(Adopted 1 Dec 2000 and 13 Dec 2000)
(A) The Management Committee shall be composed of the
President, the Vice-President, a Judge elected by the Judges
in plenary session for a one year renewable mandate, the
Registrar, the Deputy Registrar and the Chief of Administration.
(B) The Management Committee shall assist the President
with respect to the functions set forth in Rules 19 and
33, concerning in particular, all Registry activities relating
to the administrative and judicial support provided to
the Chambers and to the Judges. To this end, the Management
Committee shall coordinate the preparation and implementation
of the budget of the Tribunal with the exception of budgetary
lines specific to the activities of the Office of the Prosecutor.
(C) The Management Committee shall meet twice a month
at the initiative of the President. Two members may at
any time request that additional meetings be held. The
President shall chair the meetings.
(D) In the performance of its functions, the Management
Committee may call on the services of one or several advisers
or experts.
Rule
24
Plenary Meetings of the Tribunal
(Adopted 11 Feb 1994)
Subject to the restrictions on the voting rights of ad
litem Judges set out in Article 13 quater of
the Statute, the Judges shall meet in plenary to:
(i) elect the President and Vice-President;
(ii) adopt and amend the Rules;
(iii) adopt the Annual Report provided for in Article 34
of the Statute;
(iv) decide upon matters relating to the internal functioning
of the Chambers and the Tribunal;
(v) determine or supervise the conditions of detention;
(vi) exercise any other functions provided for in the
Statute or in the Rules.
(Amended 12 Apr 2001)
Rule
25
Dates of Plenary Sessions
(Adopted 11 Feb 1994)
(A) The dates of the plenary sessions of the Tribunal
shall normally be agreed upon in July of each year for
the following calendar year.
(B) Other plenary meetings shall be convened by the President
if so requested by at least nine permanent Judges, and
may be convened whenever the exercise of the President’s
functions under the Statute or the Rules so requires. (Revised
12 Nov 1997, amended 4 Dec 1998, amended 12 Apr 2001)
Rule
26
Quorum and Vote
(Adopted 11 Feb 1994)
(A) The quorum for each plenary meeting of the Tribunal
shall be ten permanent Judges. (Amended 4 Dec 1998, amended
12 Apr 2001)
(B) Subject to Rules 6 (A), (B) and 18 (C), the decisions
of the plenary meetings of the Tribunal shall be taken
by the majority of the Judges present. In the event of
an equality of votes, the President or the Judge acting
in the place of the President shall have a casting vote.
(Amended 12 Apr 2001)
Section
4 : The Chambers
Rule
27
Rotation
(Adopted 11 Feb 1994)
(A) Permanent Judges shall rotate on a regular basis between
the Trial Chambers and the Appeals Chamber. Rotation shall
take into account the efficient disposal of cases. (Amended
12 Apr 2001)
(B) The Judges shall take their places in their new Chamber
as soon as the President thinks it convenient, having regard
to the disposal of part-heard cases.
(C) The President may at any time temporarily assign a
member of a Trial Chamber or of the Appeals Chamber to
another Chamber.
Rule
28
Reviewing and Duty Judges
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 23 Apr 1996, revised
12 Nov 1997)
(A) On receipt of an indictment for review from the Prosecutor,
the Registrar shall consult with the President. The President
shall refer the matter to the Bureau which shall determine
whether the indictment, prima facie, concentrates on one
or more of the most senior leaders suspected of being most
responsible for crimes within the jurisdiction of the Tribunal.
If the Bureau determines that the indictment meets this
standard, the President shall designate one of the permanent
Trial Chamber Judges for the review under Rule 47. If the
Bureau determines that the indictment does not meet this
standard, the President shall return the indictment to
the Registrar to communicate this finding to the Prosecutor.
(Amended 17 Nov 1999, amended 12 Apr 2001, amended 6 Apr
2004)
(B) The President, in consultation with the Judges, shall
maintain a roster designating one Judge as duty Judge for
the assigned period of seven days. The duty Judge shall
be available at all times, including out of normal Registry
hours, for dealing with applications pursuant to paragraphs
(C) and (D) but may refuse to deal with any application
out of normal Registry hours if not satisfied as to its
urgency. The roster of duty Judges shall be published by
the Registrar. (Revised 12 Nov 1997, amended 17 Nov 1999,
amended 12 Apr 2001, amended 11 Mar 2005)
(C) All applications in a case not otherwise assigned
to a Chamber, other than the review of indictments, shall
be transmitted to the duty Judge. Where accused are jointly
indicted, a submission relating only to an accused who
is not in the custody of the Tribunal, other than an application
to amend or withdraw part of the indictment pursuant to
Rule 50 or Rule 51, shall be transmitted to the duty Judge,
notwithstanding that the case has already been assigned
to a Chamber in respect of some or all of the co-accused
of that accused. The duty Judge shall act pursuant to Rule
54 in dealing with applications under this Rule. (Amended
17 Nov 1999, amended 21 Dec 2001)
(D) Where a case has already been assigned to a Trial
Chamber:
(i) where the application is made out of normal Registry
hours, the application shall be dealt with by the duty
Judge if satisfied as to its urgency;
(ii) where the application is made within the normal
Registry hours and the Trial Chamber is unavailable,
it shall be dealt with by the duty Judge if satisfied
as to its urgency or that it is otherwise appropriate
to do so in the absence of the Trial Chamber.
In such case, the Registry shall serve a copy of all orders
or decisions issued by the duty Judge in connection therewith
on the Chamber to which the matter is assigned. (Amended
17 Nov 1999, amended 21 Dec 2001)
(E) During periods of court recess, regardless of the
Chamber to which he or she is assigned, in addition to
applications made pursuant to paragraph (D) above, the
duty Judge may:
(i) take decisions on provisional detention pursuant
to Rule 40 bis;
(ii) conduct the initial appearance of an accused pursuant
to Rule 62.
The Registry shall serve a copy of all orders or decisions
issued by the duty Judge in connection therewith on the
Chamber to which the matter is assigned. (Amended 14 July
2000, amended 21 Dec 2001)
(F) The provisions of this Rule shall apply mutatis mutandis
to applications before the Appeals Chamber. (Amended 21
Dec 2001)
Rule
29
Deliberations
(Adopted 11 Feb 1994)
The deliberations of the Chambers shall take place in
private and remain secret.
Section
5 : The Registry
Rule
30
Appointment of the Registrar
(Adopted 11 Feb 1994, amended 10 July 1998, amended 12
Apr 2001)
The President shall seek the opinion of the permanent
Judges on the candidates for the post of Registrar, before
consulting with the Secretary-General of the United Nations
pursuant to Article 17, paragraph 3, of the Statute.
Rule
31
Appointment of the Deputy Registrar and Registry Staff
(Adopted 11 Feb 1994)
The Registrar, after consultation with the Bureau, shall
make recommendations to the Secretary-General of the United
Nations for the appointment of the Deputy Registrar and other
Registry staff.
Rule 32
Solemn Declaration
(Adopted 11 Feb 1994)
(A) Before taking up duties, the Registrar shall make
the following declaration before the President:
"I solemnly declare that I will perform the duties incumbent
upon me as Registrar of the International Tribunal for
the Prosecution of Persons Responsible for Serious Violations
of International Humanitarian Law Committed in the Territory
of the Former Yugoslavia since 1991 in all loyalty, discretion
and good conscience and that I will faithfully observe
all the provisions of the Statute and the Rules of Procedure
and Evidence of the Tribunal". (Revised 12 Nov 1997)
(B) Before taking up duties, the Deputy Registrar shall
make a similar declaration before the President. (Revised
12 Nov 1997)
(C) Every staff member of the Registry shall make a similar
declaration before the Registrar.
Rule
33
Functions of the Registrar
(Adopted 11 Feb 1994)
(A) The Registrar shall assist the Chambers, the plenary
meetings of the Tribunal, the Judges and the Prosecutor
in the performance of their functions. Under the authority
of the President, the Registrar shall be responsible for
the administration and servicing of the Tribunal and shall
serve as its channel of communication. (Revised 12 Nov
1997)
(B) The Registrar, in the execution of his or her functions,
may make oral and written representations to the President
or Chambers on any issue arising in the context of a specific
case which affects or may affect the discharge of such
functions, including that of implementing judicial decisions,
with notice to the parties where necessary. (Amended 17
Nov 1999, amended 1 Dec 2000 and 13 Dec 2000)
(C) The Registrar shall report regularly on his or her
activities to the Judges meeting in plenary and to the
Prosecutor. (Amended 1 Dec 2000 and 13 Dec 2000)
Rule
33 bis
Functions of the Deputy Registrar
(Adopted 1 Dec 2000 and 13 Dec 2000)
(A) The Deputy Registrar shall exercise the functions
of the Registrar in the event of the latter’s absence
from duty or inability to act or upon the Registrar’s
delegation.
(B) The Deputy Registrar, in consultation with the President,
shall in particular:
(i) direct and administer the Chambers Legal Support
Section; in particular, in conjunction with the administrative
services of the Registry, the Deputy Registrar shall
oversee the assignment of appropriate resources to the
Chambers with a view to enabling them to accomplish their
mission;
(ii) take all appropriate measures so that the decisions
rendered by the Chambers and Judges are executed, especially
sentences and penalties;
(iii) make recommendations regarding the missions of
the Registry
which affect the judicial activity of the Tribunal.
Rule
34
Victims and Witnesses Section
(Adopted 11 Feb 1994)
(A) There shall be set up under the authority of the Registrar
a Victims and Witnesses Section consisting of qualified
staff to:
(i) recommend protective measures for victims and witnesses
in accordance with Article 22 of the Statute; and
(ii) provide counselling and support for them, in particular
in cases of rape and sexual assault.
(Amended 2 July 1999)
(B) Due consideration shall be given, in the appointment
of staff, to the employment of qualified women.
Rule
35
Minutes
(Adopted 11 Feb 1994, revised 12 Nov 1997)
Except where a full record is made under Rule 81,
the Registrar, or Registry staff designated by the Registrar,
shall take minutes of the plenary meetings of the Tribunal
and of the sittings of the Chambers, other than private deliberations.
Rule
36
Record Book
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997)
The Registrar shall keep a Record Book which shall list,
subject to any Practice Direction under Rule 19 or any
order of a Judge or Chamber providing for the non-disclosure
of any document or information, all the particulars of each
case brought before the Tribunal. The Record Book shall be
open to the public.
Section
6 : The Prosecutor
Rule
37
Functions of the Prosecutor
(Adopted 11 Feb 1994)
(A) The Prosecutor shall perform all the functions provided
by the Statute in accordance with the Rules and such Regulations,
consistent with the Statute and the Rules, as may be framed
by the Prosecutor. Any alleged inconsistency in the Regulations
shall be brought to the attention of the Bureau to whose
opinion the Prosecutor shall defer. (Revised 30 Jan 1995,
revised 12 Nov 1997)
(B) The Prosecutor’s powers and duties under the
Rules may be exercised by staff members of the Office of
the Prosecutor authorised by the Prosecutor, or by any
person acting under the Prosecutor’s direction. (Amended
25 July 1997, revised 12 Nov 1997)
Rule
38
Deputy Prosecutor
(Adopted 11 Feb 1994)
(A) The Prosecutor shall make recommendations to the Secretary-General
of the United Nations for the appointment of a Deputy Prosecutor.
(Revised 12 Nov 1997)
(B) The Deputy Prosecutor shall exercise the functions
of the Prosecutor in the event of the latter’s absence
from duty or inability to act or upon the Prosecutor's
express instructions. (Amended 25 July 1997, revised 12
Nov 1997)
PART
FOUR
INVESTIGATIONS AND RIGHTS OF SUSPECTS
Section
1 : Investigations
Rule
39
Conduct of Investigations
(Adopted 11 Feb 1994)
In the conduct of an investigation, the Prosecutor may:
(i) summon and question suspects, victims and witnesses
and record their statements, collect evidence and conduct
on-site investigations;
(ii) undertake such other matters as may appear necessary
for completing the investigation and the preparation and
conduct of the prosecution at the trial, including the
taking of special measures to provide for the safety of
potential witnesses and informants;
(Revised 30 Jan 1995)
(iii) seek, to that end, the assistance of any State authority
concerned, as well as of any relevant international body
including the International Criminal Police Organization
(INTERPOL); and
(iv) request such orders as may be necessary from a Trial
Chamber or a Judge.
Rule
40
Provisional Measures
(Adopted 11 Feb 1994)
In case of urgency, the Prosecutor may request any State:
(i) to arrest a suspect or an accused provisionally;
(Amended 4 Dec 1998)
(ii) to seise physical evidence;
(iii) to take all necessary measures to prevent the escape
of a suspect or an accused, injury to or intimidation of
a victim or witness, or the destruction of evidence.
The State concerned shall comply forthwith, in accordance
with Article 29 of the Statute. (Revised 30 Jan 1995)
Rule
40 bis
Transfer and Provisional Detention of Suspects
(Adopted 23 Apr 1996)
(A) In the conduct of an investigation, the Prosecutor
may transmit to the Registrar, for an order by a Judge
assigned pursuant to Rule 28, a request for the transfer
to and provisional detention of a suspect in the premises
of the detention unit of the Tribunal. This request shall
indicate the grounds upon which the request is made and,
unless the Prosecutor wishes only to question the suspect,
shall include a provisional charge and a summary of the
material upon which the Prosecutor relies.
(B) The Judge shall order the transfer and provisional
detention of the suspect if the following conditions are
met:
(i) the Prosecutor has requested a State to arrest the
suspect provisionally, in accordance with Rule 40,
or the suspect is otherwise detained by State authorities;
(ii) after hearing the Prosecutor, the Judge considers
that there is a reliable and consistent body of material
which tends to show that the suspect may have committed
a crime over which the Tribunal has jurisdiction; and
(iii) the Judge considers provisional detention to be
a necessary measure to prevent the escape of the suspect,
injury to or intimidation of a victim or witness or the
destruction of evidence, or to be otherwise necessary
for the conduct of the investigation.
(C) The order for the transfer and provisional detention
of the suspect shall be signed by the Judge and bear the
seal of the Tribunal. The order shall set forth the basis
of the application made by the Prosecutor under paragraph (A),
including the provisional charge, and shall state the Judge’s
grounds for making the order, having regard to paragraph (B).
The order shall also specify the initial time-limit for
the provisional detention of the suspect, and be accompanied
by a statement of the rights of a suspect, as specified
in this Rule and in Rules 42 and 43. (Amended
12 Apr 2001)
(D) The provisional detention of a suspect shall be ordered
for a period not exceeding thirty days from the date of
the transfer of the suspect to the seat of the Tribunal.
At the end of that period, at the Prosecutor’s request,
the Judge who made the order, or another permanent Judge
of the same Trial Chamber, may decide, subsequent to an inter
partes hearing of the Prosecutor and the suspect assisted
by counsel, to extend the detention for a period not exceeding
thirty days, if warranted by the needs of the investigation.
At the end of that extension, at the Prosecutor’s
request, the Judge who made the order, or another permanent
Judge of the same Trial Chamber, may decide, subsequent
to an inter partes hearing of the Prosecutor and
the suspect assisted by counsel, to extend the detention
for a further period not exceeding thirty days, if warranted
by special circumstances. The total period of detention
shall in no case exceed ninety days, at the end of which,
in the event the indictment has not been confirmed and
an arrest warrant signed, the suspect shall be released
or, if appropriate, be delivered to the authorities of
the requested State. (Amended 25 July 1997, revised 12
Nov 1997, amended 1 Dec 2000 and 13 Dec 2000, amended 12
Apr 2001)
(E) The provisions in Rules 55 (B) to 59 bis shall
apply mutatis mutandis to the execution of the transfer
order and the provisional detention order relative to a
suspect.
(F) After being transferred to the seat of the Tribunal,
the suspect, assisted by counsel, shall be brought, without
delay, before the Judge who made the order, or another
permanent Judge of the same Trial Chamber, who shall ensure
that the rights of the suspect are respected. (Revised
12 Nov 1997, amended 12 Apr 2001)
(G) During detention, the Prosecutor and the suspect or
the suspect’s counsel may submit to the Trial Chamber
of which the Judge who made the order is a member, all
applications relative to the propriety of provisional detention
or to the suspect’s release. (Revised 12 Nov 1997)
(H) Without prejudice to paragraph (D), the Rules
relating to the detention on remand of accused persons
shall apply mutatis mutandis to the provisional
detention of persons under this Rule. (Amended 1 Dec 2000
and 13 Dec 2000)
Rule
41
Retention of Information
(Adopted 11 Feb 1994, revised 12 Nov 1997, amended 1
Dec 2000 and 13 Dec 2000)
Subject to Rule 81, the Prosecutor shall be responsible
for the retention, storage and security of information and
physical material obtained in the course of the Prosecutor’s
investigations until formally tendered into evidence.
Rule
42
Rights of Suspects during Investigation
(Adopted 11 Feb 1994)
(A) A suspect who is to be questioned by the Prosecutor
shall have the following rights, of which the Prosecutor
shall inform the suspect prior to questioning, in a language
the suspect understands:
(i) the right to be assisted by counsel of the suspect’s
choice or to be assigned legal assistance without payment
if the suspect does not have sufficient means to pay
for it; (Revised 30 Jan 1995)
(ii) the right to have the free assistance of an interpreter
if the suspect cannot understand or speak the language
to be used for questioning; and (Revised 30 Jan 1995)
(iii) the right to remain silent, and to be cautioned
that any statement the suspect makes shall be recorded
and may be used in evidence. (Revised 30 Jan 1995) (Revised
12 Nov 1997, amended 21 July 2005)
(B) Questioning of a suspect shall not proceed without
the presence of counsel unless the suspect has voluntarily
waived the right to counsel. In case of waiver, if the
suspect subsequently expresses a desire to have counsel,
questioning shall thereupon cease, and shall only resume
when the suspect has obtained or has been assigned counsel.
(Revised 12 Nov 1997)
Rule
43
Recording Questioning of Suspects
(Adopted 11 Feb 1994)
Whenever the Prosecutor questions a suspect, the questioning
shall be audio-recorded or video-recorded, in accordance
with the following procedure:
(i) the suspect shall be informed in a language the
suspect understands that the questioning is being audio-recorded
or video-recorded;
(Amended 6 Oct 1995, revised 12 Nov 1997, amended 21 July 2005)
(ii) in the event of a break in the course of the questioning,
the fact and the time of the break shall be recorded
before audio-recording or video-recording ends and the
time of resumption of the questioning shall also be recorded;
(Amended 6 Oct 1995)
(iii) at the conclusion of the questioning the suspect
shall be offered the opportunity to clarify anything
the suspect has said, and to add anything the suspect
may wish, and the time of conclusion shall be recorded;
(Revised 12 Nov 1997)
(iv) a copy of the recorded tape will be supplied to
the suspect or, if multiple recording apparatus was used,
one of the original recorded tapes;
(Revised 30 Jan 1995, amended 12 Dec 2002)
(v) after a copy has been made, if necessary, of the
recorded tape, the original recorded tape or one of the
original tapes shall be sealed in the presence of the
suspect under the signature of the Prosecutor and the
suspect; and
(Amended 12 Dec 2002)
(vi) the tape shall be transcribed if the suspect becomes
an accused.
(Amended 12 Dec 2002)
(Amended 6 Oct 1995)
Section
2 : Of Counsel
Rule
44
Appointment, Qualifications and Duties of Counsel
(Adopted 11 Feb 1994, amended 25 July 1997)
(A) Counsel engaged by a suspect or an accused shall file
a power of attorney with the Registrar at the earliest
opportunity. Subject to any determination by a Chamber
pursuant to Rule 46 or 77, a counsel shall be considered
qualified to represent a suspect or accused if the counsel
satisfies the Registrar that he or she:
(i) is admitted to the practice of law in a State, or
is a university professor of law;
(ii) has written and oral proficiency in one of the
two working languages of the Tribunal, unless the Registrar
deems it in the interests of justice to waive this requirement,
as provided for in paragraph (B);
(iii) is a member in good standing of an association
of counsel practicing at the Tribunal recognised by the
Registrar;
(iv) has not been found guilty or otherwise disciplined
in relevant disciplinary proceedings against him in a
national or international forum, including proceedings
pursuant to the Code of Professional Conduct for Defence
Counsel Appearing Before the International Tribunal,
unless the Registrar deems that, in the circumstances,
it would be disproportionate to exclude such counsel;
(v) has not been found guilty in relevant criminal proceedings;
(vi) has not engaged in conduct whether in pursuit of
his or her profession or otherwise which is dishonest
or otherwise discreditable to a counsel, prejudicial
to the administration of justice, or likely to diminish
public confidence in the International Tribunal or the
administration of justice, or otherwise bring the International
Tribunal into disrepute; and
(vii) has not provided false or misleading information
in relation to his or her qualifications and fitness
to practice or failed to provide relevant information.
(Revised 12 Nov 1997, amended 1 Dec 2000 and 13 Dec 2000,
amended 14 July 2000, amended 13 Dec 2001, amended 12 July
2002, amended 28 July 2004)
B) At the request of the suspect or accused and where
the interests of justice so demand, the Registrar may admit
a counsel who does not speak either of the two working
languages of the Tribunal but who speaks the native language
of the suspect or accused. The Registrar may impose such
conditions as deemed appropriate, including the requirement
that the counsel or accused undertake to meet all translations
and interpretation costs not usually met by the Tribunal,
and counsel undertakes not to request any extensions of
time as a result of the fact that he does not speak one
of the working languages. A suspect or accused may seek
the President’s review of the Registrar’s decision.
(Amended 14 July 2000, amended 28 July 2004)
(C) In the performance of their duties counsel shall be
subject to the relevant provisions of the Statute, the
Rules, the Rules of Detention and any other rules or regulations
adopted by the Tribunal, the Host Country Agreement, the
Code of Professional Conduct for Defence Counsel Appearing
Before the International Tribunal and the codes of practice
and ethics governing their profession and, if applicable,
the Directive on the Assignment of Defence Counsel adopted
by the Registrar and approved by the permanent Judges.
(Amended 25 July 1997, amended 1 Dec 2000 and 13 Dec 2000,
amended 13 Dec 2001, amended 28 July 2004)
(D) An Advisory Panel shall be established to assist the
President and the Registrar in all matters relating to
defence counsel. The Panel members shall be selected from
representatives of professional associations and from counsel
who have appeared before the Tribunal. They shall have
recognised professional legal experience. The composition
of the Advisory Panel shall be representative of the different
legal systems. A Directive of the Registrar shall set out
the structure and areas of responsibility of the Advisory
Panel. (Amended 14 July 2000)
Rule
45
Assignment of Counsel
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997)
(A) Whenever the interests of justice so demand, counsel
shall be assigned to suspects or accused who lack the means
to remunerate such counsel. Such assignments shall be treated
in accordance with the procedure established in a Directive
set out by the Registrar and approved by the permanent
Judges. (Amended 14 July 2000, amended 12 Apr 2001)
(B) For this purpose, the Registrar shall maintain a
list of counsel who:
(i) fulfil all the requirements of Rule 44, although
the language requirement of Rule 44 (A)(ii) may be waived
by the Registrar as provided for in the Directive;
(ii) possess established competence in criminal law
and/or international criminal law/international humanitarian
law/international human rights law;
(iii) possess at least seven years of relevant experience,
whether as a judge, prosecutor, attorney or in some other
capacity, in criminal proceedings; and
(iv) have indicated their availability and willingness
to be assigned by the Tribunal to any person detained
under the authority of the Tribunal lacking the means
to remunerate counsel, under the terms set out in the
Directive.
(Amended 25 June 1996 and 5 July 1996, amended 14 July
2000, amended 28 July 2004)
(C) The Registrar shall maintain a separate list of counsel
who, in addition to fulfilling the qualification requirements
set out in paragraph (B), are readily available as “duty
counsel” for assignment to an accused for the purposes
of the initial appearance, in accordance with Rule 62.
(Amended 10 July 1998, amended 14 July 2000, amended 28
July 2004)
(D) The Registrar shall, in consultation with the permanent
Judges, establish the criteria for the payment of fees
to assigned counsel. (Amended 12 Apr 2001, amended 12 Dec
2002)
(E) Where a person is assigned counsel and is subsequently
found not to be lacking the means to remunerate counsel,
the Chamber may, on application by the Registrar, make
an order of contribution to recover the cost of providing
counsel. (Revised 30 Jan 1995, amended 14 July 2000, amended
28 July 2004)
(F) A suspect or an accused electing to conduct his or
her own defence shall so notify the Registrar in writing
at the first opportunity. (Revised 30 Jan 1995, revised
12 Nov 1997)
Rule
45 bis
Detained Persons
(Adopted 25 June 1996 and 5 July 1996)
Rules 44 and 45 shall apply to any person detained
under the authority of the Tribunal.
Rule
46
Misconduct of Counsel
(Adopted 11 Feb 1994, amended 13 Dec 2001)
(A) If a Judge or a Chamber finds that the conduct of
a counsel is offensive, abusive or otherwise obstructs
the proper conduct of the proceedings, or that a counsel
is negligent or otherwise fails to meet the standard of
professional competence and ethics in the performance of
his duties, the Chamber may, after giving counsel due warning:
(i) refuse audience to that counsel; and/or
(ii) determine, after giving counsel an opportunity
to be heard, that counsel is no longer eligible to represent
a suspect or an accused before the Tribunal pursuant
to Rule 44 and 45.
(Revised 12 Nov 1997, amended 13 Dec 2001, amended 28
July 2004)
(B) A Judge or a Chamber may also, with the approval of
the President, communicate any misconduct of counsel to
the professional body regulating the conduct of counsel
in the counsel’s State of admission or, if a university
professor of law and not otherwise admitted to the profession,
to the governing body of that counsel’s University.
(Revised 12 Nov 1997, amended 28 July 2004)
(C) Under the supervision of the President, the Registrar
shall publish and oversee the implementation of a Code
of Professional Conduct for defence counsel. (Amended 14
July 2000)
PART
FIVE
PRE-TRIAL PROCEEDINGS
Section
1 : Indictments
Rule
47
Submission of Indictment by the Prosecutor
(Adopted 11 Feb 1994, amended 25 July 1997)
(A) An indictment, submitted in accordance with the following
procedure, shall be reviewed by a Judge designated in accordance
with Rule 28 for this purpose. (Amended 25 July 1997)
(B) The Prosecutor, if satisfied in the course of an investigation
that there is sufficient evidence to provide reasonable
grounds for believing that a suspect has committed a crime
within the jurisdiction of the Tribunal, shall prepare
and forward to the Registrar an indictment for confirmation
by a Judge, together with supporting material. (Revised
12 Nov 1997)
(C) The indictment shall set forth the name and particulars
of the suspect, and a concise statement of the facts of
the case and of the crime with which the suspect is charged.
(D) The Registrar shall forward the indictment and accompanying
material to the designated Judge, who will inform the Prosecutor
of the date fixed for review of the indictment. (Revised
30 Jan 1995, amended 25 July 1997)
(E) The reviewing Judge shall examine each of the counts
in the indictment, and any supporting materials the Prosecutor
may provide, to determine, applying the standard set forth
in Article 19, paragraph 1, of the Statute, whether a case
exists against the suspect. (Amended 25 July 1997)
(F) The reviewing Judge may:
(i) request the Prosecutor to present additional material
in support of any or all counts;
(Amended 10 July 1998, amended 2 July 1999)
(ii) confirm each count;
(iii) dismiss each count; or
(iv) adjourn the review so as to give the Prosecutor
the opportunity to modify the indictment.
(Amended 25 July 1997)
(G) The indictment as confirmed by the Judge shall be
retained by the Registrar, who shall prepare certified
copies bearing the seal of the Tribunal. If the accused
does not understand either of the official languages of
the Tribunal and if the language understood is known to
the Registrar, a translation of the indictment in that
language shall also be prepared, and shall be included
as part of each certified copy of the indictment. (Revised
12 Nov 1997)
(H) Upon confirmation of any or all counts in the indictment,
(i) the Judge may issue an arrest warrant, in accordance
with Rule 55 (A), and any orders as provided
in Article 19 of the Statute, and
(Amended 1 Dec 2000 and 13 Dec 2000)
(ii) the suspect shall have the status of an accused.
(Amended 25 July 1997)
(I) The dismissal of a count in an indictment shall not
preclude the Prosecutor from subsequently bringing an amended
indictment based on the acts underlying that count if supported
by additional evidence. (Amended 25 July 1997)
Rule
48
Joinder of Accused
(Adopted 11 Feb 1994)
Persons accused of the same or different crimes committed
in the course of the same transaction may be jointly charged
and tried.
Rule
49
Joinder of Crimes
(Adopted 11 Feb 1994)
Two or more crimes may be joined in one indictment if
the series of acts committed together form the same transaction,
and the said crimes were committed by the same accused.
Rule 50
Amendment of Indictment
(Adopted 11 Feb 1994)
(A) (i) The Prosecutor may amend an indictment:
(a) at any time before its confirmation, without leave;
(Amended 17 Nov 1999, amended 14 July 2000)
(b) between its confirmation and the assignment of the case to
a Trial Chamber, with the leave of the Judge who confirmed the
indictment, or a Judge assigned by the President; and
(Amended 10 July 1998, amended 17 Nov 1999, amended 14 July 2000)
(c) after the assignment of the case to a Trial Chamber, with the
leave of that Trial Chamber or a Judge of that Chamber, after having
heard the parties.
(Amended 17 Nov 1999, amended 14 July 2000)
(ii) Independently of any other factors relevant to
the exercise of the discretion, leave to amend an indictment
shall not be granted unless the Trial Chamber or Judge
is satisfied there is evidence which satisfies the standard
set forth in Article 19, paragraph 1, of the Statute
to support the proposed amendment. (Amended 10 July 1998,
amended 17 Nov 1999, amended 14 July 2000, amended 28
July 2004)
(iii) Further confirmation is not required where an
indictment is amended by leave. (Amended 28 July 2004)
(iv) Rule 47 (G) and Rule 53 bis apply mutatis mutandis
to the amended indictment. (Amended 18 Jan 1996, amended
3 Dec 1996, revised 12 Nov 1997, amended 10 July 1998)
(B) If the amended indictment includes new charges and
the accused has already appeared before a Trial Chamber
in accordance with Rule 62, a further appearance shall
be held as soon as practicable to enable the accused to
enter a plea on the new charges. (Amended 18 Jan 1996)
(C) The accused shall have a further period of thirty
days in which to file preliminary motions pursuant to Rule
72 in respect of the new charges and, where necessary,
the date for trial may be postponed to ensure adequate
time for the preparation of the defence. (Amended 18 Jan
1996, revised 12 Nov 1997, amended 10 July 1998)
Rule
51
Withdrawal of Indictment
(Adopted 11 Feb 1994)
(A) The Prosecutor may withdraw an indictment:
(i) at any time before its confirmation, without leave;
(Amended 12 Dec 2002)
(ii) between its confirmation and the assignment of
the case to a Trial Chamber, with the leave of the Judge
who confirmed the indictment, or a Judge assigned by
the President; and (Amended 12 Dec 2002)
(iii) after the assignment of the case to a Trial Chamber,
by motion before that Trial Chamber pursuant to Rule
73. (Amended 12 Dec 2002)
(Amended 3 Dec 1996, revised 12 Nov 1997)
(B) The withdrawal of the indictment shall be promptly
notified to the suspect or the accused and to the counsel
of the suspect or accused. (Revised 12 Nov 1997)
Rule
52
Public Character of Indictment
(Adopted 11 Feb 1994)
Subject to Rule 53, upon confirmation by a Judge
of a Trial Chamber, the indictment shall be made public.
Rule
53
Non-disclosure
(Adopted 11 Feb 1994)
(A) In exceptional circumstances, a Judge or a Trial Chamber
may, in the interests of justice, order the non-disclosure
to the public of any documents or information until further
order. (Amended 25 June 1996 and 5 July 1996)
(B) When confirming an indictment the Judge may, in consultation
with the Prosecutor, order that there be no public disclosure
of the indictment until it is served on the accused, or,
in the case of joint accused, on all the accused.
(C) A Judge or Trial Chamber may, in consultation with
the Prosecutor, also order that there be no disclosure
of an indictment, or part thereof, or of all or any part
of any particular document or information, if satisfied
that the making of such an order is required to give effect
to a provision of the Rules, to protect confidential information
obtained by the Prosecutor, or is otherwise in the interests
of justice. (Revised 30 Jan 1995)
(D) Notwithstanding paragraphs (A), (B) and (C), the Prosecutor
may disclose an indictment or part thereof to the authorities
of a State or an appropriate authority or international
body where the Prosecutor deems it necessary to prevent
an opportunity for securing the possible arrest of an accused
from being lost. (Amended 4 Dec 1998, amended 12 Apr 2001)
Rule
53 bis
Service of Indictment
(Adopted 12 Nov 1997)
(A) Service of the indictment shall be effected personally
on the accused at the time the accused is taken into custody
or as soon as reasonably practicable thereafter.
(B) Personal service of an indictment on the accused is
effected by giving the accused a copy of the indictment
certified in accordance with Rule 47 (G).
Section
2 : Orders & Warrants
Rule
54
General Rule
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 6
Oct 1995)
At the request of either party or proprio motu,
a Judge or a Trial Chamber may issue such orders, summonses,
subpoenas, warrants and transfer orders as may be necessary
for the purposes of an investigation or for the preparation
or conduct of the trial.
Rule
54 bis
Orders Directed to States for the Production of Documents
(Adopted 17 Nov 1999)
(A) A party requesting an order under Rule 54 that a State
produce documents or information shall apply in writing
to the relevant Judge or Trial Chamber and shall:
(i) identify as far as possible the documents or information
to which the application relates;
(ii) indicate how they are relevant to any matter in
issue before the Judge or Trial Chamber and necessary
for a fair determination of that matter; and
(iii) explain the steps that have been taken by the
applicant to secure the State’s assistance.
(B) The Judge or Trial Chamber may reject an application
under paragraph (A) in limine if satisfied that:
(i) the documents or information are not relevant to
any matter in issue in the proceedings before them or
are not necessary for a fair determination of any such
matter; or
(ii) no reasonable steps have been taken by the applicant
to obtain the documents or information from the State.
(Amended 12 Apr 2001)
(C) (i) A decision by a Judge or a Trial Chamber under
paragraph (B) or (E) shall be subject to:
(a) review under Rule 108 bis; or
(b) appeal.
(Amended 21 July 2005)
(ii) An appeal under paragraph (i) shall be filed within
seven days of filing of the impugned decision. Where
such decision is rendered orally, this time-limit shall
run from the date of the oral decision, unless
(a) the party challenging the decision was not present
or represented when the decision was pronounced, in
which case the time-limit shall run from the date on
which the challenging party is notified of the oral
decision; or
(b) the Trial Chamber has indicated that a written decision will
follow, in which case the time-limit shall run from filing of the
written decision.
(Amended 21 July 2005)
(Amended 12 Apr 2001, amended 13 Dec 2001, amended 12
Dec 2002)
(D) (i) Except in cases where a decision has been taken
pursuant to paragraph (B) or paragraph (E), the State concerned
shall be given notice of the application, and not less
than fifteen days’ notice of the hearing of the application,
at which the State shall have an opportunity to be heard.
(Amended 12 Apr 2001)
(ii) Except in cases where the Judge or Trial Chamber
determines otherwise, only the party making the application
and the State concerned shall have the right to be heard.
(Amended 13 Dec 2001)
(E) If, having regard to all circumstances, the Judge
or Trial Chamber has good reasons for so doing, the Judge
or Trial Chamber may make an order to which this Rule applies
without giving the State concerned notice or the opportunity
to be heard under paragraph (D), and the following provisions
shall apply to such an order:
(i) the order shall be served on the State concerned;
(ii) subject to paragraph (iv), the order shall not
have effect until fifteen days after such service;
(iii) a State may, within fifteen days of service of the order, apply
by notice to the Judge or Trial Chamber to have the order set aside,
on the grounds that disclosure would prejudice national security
interests. Paragraph (F) shall apply to such a notice as it does
to a notice of objection
(Amended 12 Apr 2001);
(iv) where notice is given under paragraph (iii), the
order shall thereupon be stayed until the decision on
the application;
(v) paragraphs (F) and (G) shall apply to the determination
of an application made pursuant to paragraph (iii) as
they do to the determination of an application of which
notice is given pursuant to paragraph (D)
(Amended 12 Apr 2001);
(vi) the State and the party who applied for the order
shall, subject to any special measures made pursuant
to a request under paragraphs (F) or (G), have an opportunity
to be heard at the hearing of an application made pursuant
to paragraph (E)(iii) of this Rule.
(Amended 12 Apr 2001)
(Amended 12 Apr 2001)
(F) The State, if it raises an objection pursuant to paragraph
(D), on the grounds that disclosure would prejudice its
national security interests, shall file a notice of objection
not less than five days before the date fixed for the hearing,
specifying the grounds of objection. In its notice of objection
the State:
(i) shall identify, as far as possible, the basis upon
which it claims that its national security interests
will be prejudiced; and
(ii) may request the Judge or Trial Chamber to direct
that appropriate protective measures be made for the
hearing of the objection, including in particular:
(a) hearing the objection in camera and ex parte;
(b) allowing documents to be submitted in redacted form, accompanied
by an affidavit signed by a senior State official explaining
the reasons for the redaction;
(c) ordering that no transcripts be made of the hearing and that
documents not further required by the Tribunal be returned directly
to the State without being filed with the Registry or otherwise
retained.
(Amended 12 Apr 2001)
(G) With regard to the procedure under paragraph (F) above,
the Judge or Trial Chamber may order the following protective
measures for the hearing of the objection:
(i) the designation of a single Judge from a Chamber
to examine the documents or hear submissions; and/or
(ii) that the State be allowed to provide its own interpreters
for the hearing and its own translations of sensitive
documents.
(Amended 12 Apr 2001)
(H) Rejection of an application made under this Rule shall
not preclude a subsequent application by the requesting
party in respect of the same documents or information if
new circumstances arise.
(I) An order under this Rule may provide for the documents
or information in question to be produced by the State
under appropriate arrangements to protect its interests,
which may include those arrangements specified in paragraphs
(F)(ii) or (G). (Amended 12 Apr 2001)
Rule
55
Execution of Arrest Warrants
(Adopted 11 Feb 1994)
(A) A warrant of arrest shall be signed by a permanent
Judge. It shall include an order for the prompt transfer
of the accused to the Tribunal upon the arrest of the accused.
(Revised 12 Nov 1997, amended 12 Apr 2001)
(B) The original warrant shall be retained by the Registrar,
who shall prepare certified copies bearing the seal of
the Tribunal. (Revised 12 Nov 1997)
(C) Each certified copy shall be accompanied by a copy
of the indictment certified in accordance with Rule 47 (G)
and a statement of the rights of the accused set forth
in Article 21 of the Statute, and in Rules 42
and 43 mutatis mutandis. If the accused does not
understand either of the official languages of the Tribunal
and if the language understood by the accused is known
to the Registrar, each certified copy of the warrant of
arrest shall also be accompanied by a translation of the
statement of the rights of the accused in that language.
(Revised 12 Nov 1997)
(D) Subject to any order of a Judge or Chamber, the Registrar
may transmit a certified copy of a warrant of arrest to
the person or authorities to which it is addressed, including
the national authorities of a State in whose territory
or under whose jurisdiction the accused resides, or was
last known to be, or is believed by the Registrar to be
likely to be found. (Revised 30 Jan 1995, amended 18 Jan
1996, amended 25 July 1997, revised 12 Nov 1997)
(E) The Registrar shall instruct the person or authorities
to which a warrant is transmitted that at the time of arrest
the indictment and the statement of the rights of the accused
be read to the accused in a language that he or she understands
and that the accused be cautioned in that language that
the accused has the right to remain silent, and that any
statement he or she makes shall be recorded and may be
used in evidence. (Revised 30 Jan 1995, amended 18 Jan
1996, amended 25 July 1997, revised 12 Nov 1997)
(F) Notwithstanding paragraph (E), if at the time
of arrest the accused is served with, or with a translation
of, the indictment and the statement of rights of the accused
in a language that the accused understands and is able
to read, these need not be read to the accused at the time
of arrest. (Revised 12 Nov 1997, amended 12 Apr 2001)
(G) When an arrest warrant issued by the Tribunal is executed
by the authorities of a State, or an appropriate authority
or international body, a member of the Office of the Prosecutor
may be present as from the time of the arrest. (Revised
12 Nov 1997)
Rule
56
Cooperation of States
(Adopted 11 Feb 1994, amended 18 Jan 1996)
The State to which a warrant of arrest or a transfer
order for a witness is transmitted shall act promptly and
with all due diligence to ensure proper and effective execution
thereof, in accordance with Article 29 of the Statute.
Rule
57
Procedure after Arrest
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997)
Upon arrest, the accused shall be detained by the State
concerned which shall promptly notify the Registrar. The
transfer of the accused to the seat of the Tribunal shall
be arranged between the State authorities concerned, the
authorities of the host country and the Registrar.
Rule
58
National Extradition Provisions
(Adopted 11 Feb 1994, amended 6 Oct 1995)
The obligations laid down in Article 29 of the
Statute shall prevail over any legal impediment to the surrender
or transfer of the accused or of a witness to the Tribunal
which may exist under the national law or extradition treaties
of the State concerned.
Rule
59
Failure to Execute a Warrant or Transfer Order
(Adopted 11 Feb 1994, amended 18 Jan 1996)
(A) Where the State to which a warrant of arrest or transfer
order has been transmitted has been unable to execute the
warrant, it shall report forthwith its inability to the
Registrar, and the reasons therefor.
(B) If, within a reasonable time after the warrant of
arrest or transfer order has been transmitted to the State,
no report is made on action taken, this shall be deemed
a failure to execute the warrant of arrest or transfer
order and the Tribunal, through the President, may notify
the Security Council accordingly.
Rule
59 bis
Transmission of Arrest Warrants
(Adopted 18 Jan 1996)
(A) Notwithstanding Rules 55 to 59, on the order
of a permanent Judge, the Registrar shall transmit to an
appropriate authority or international body or the Prosecutor
a copy of a warrant for the arrest of an accused, on such
terms as the Judge may determine, together with an order
for the prompt transfer of the accused to the Tribunal
in the event that the accused be taken into custody by
that authority or international body or the Prosecutor.
(Amended 25 June 1996 and 5 July 1996, revised 12 Nov 1997,
amended 12 Apr 2001)
(B) At the time of being taken into custody an accused
shall be informed immediately, in a language the accused
understands, of the charges against him or her and of the
fact that he or she is being transferred to the Tribunal.
Upon such transfer, the indictment and a statement of the
rights of the accused shall be read to the accused and
the accused shall be cautioned in such a language.(Revised
12 Nov 1997)
(C) Notwithstanding paragraph (B), the indictment
and statement of rights of the accused need not be read
to the accused if the accused is served with these, or
with a translation of these, in a language the accused
understands and is able to read. (Revised 12 Nov 1997,
amended 12 Apr 2001)
Rule
60
Advertisement of Indictment
(Adopted 11 Feb 1994, amended 25 July 1997, revised 12
Nov 1997)
At the request of the Prosecutor, a form of advertisement
shall be transmitted by the Registrar to the national authorities
of any State or States, for publication in newspapers or
for broadcast via radio and television, notifying publicly
the existence of an indictment and calling upon the accused
to surrender to the Tribunal and inviting any person with
information as to the whereabouts of the accused to communicate
that information to the Tribunal.
Rule
61
Procedure in Case of Failure to Execute a Warrant
(Adopted 11 Feb 1994)
(A) If, within a reasonable time, a warrant of arrest
has not been executed, and personal service of the indictment
has consequently not been effected, the Judge who confirmed
the indictment shall invite the Prosecutor to report on
the measures taken. When the Judge is satisfied that:
(i) the Registrar and the Prosecutor have taken all
reasonable steps to secure the arrest of the accused,
including recourse to the appropriate authorities of
the State in whose territory or under whose jurisdiction
and control the person to be served resides or was last
known to them to be; and
(Amended 18 Jan 1996, revised 12 Nov 1997)
(ii) if the whereabouts of the accused are unknown,
the Prosecutor and the Registrar have taken all reasonable
steps to ascertain those whereabouts, including by seeking
publication of advertisements pursuant to Rule 60,
(Amended 18 Jan 1996, revised 12 Nov 1997, amended 4 Dec
1998)
the Judge shall order that the indictment be submitted
by the Prosecutor to the Trial Chamber of which the Judge
is a member. (Amended 3 May 1995, amended 18 Jan 1996,
revised 12 Nov 1997, amended 4 Dec 1998)
(B) Upon obtaining such an order the Prosecutor shall
submit the indictment to the Trial Chamber in open court,
together with all the evidence that was before the Judge
who initially confirmed the indictment. The Prosecutor
may also call before the Trial Chamber and examine any
witness whose statement has been submitted to the confirming
Judge. In addition, the Trial Chamber may request the Prosecutor
to call any other witness whose statement has been submitted
to the confirming Judge. (Revised 30 Jan 1995, amended
25 July 1997)
(C) If the Trial Chamber is satisfied on that evidence,
together with such additional evidence as the Prosecutor
may tender, that there are reasonable grounds for believing
that the accused has committed all or any of the crimes
charged in the indictment, it shall so determine. The Trial
Chamber shall have the relevant parts of the indictment
read out by the Prosecutor together with an account of
the efforts to effect service referred to in paragraph (A)
above. (Amended 12 Apr 2001)
(D) The Trial Chamber shall also issue an international
arrest warrant in respect of the accused which shall be
transmitted to all States. Upon request by the Prosecutor
or proprio motu, after having heard the Prosecutor,
the Trial Chamber may order a State or States to adopt
provisional measures to freeze the assets of the accused,
without prejudice to the rights of third parties. (Amended
23 Apr 1996)
(E) If the Prosecutor satisfies the Trial Chamber that
the failure to effect personal service was due in whole
or in part to a failure or refusal of a State to cooperate
with the Tribunal in accordance with Article 29 of the
Statute, the Trial Chamber shall so certify. After consulting
the Presiding Judges of the Chambers, the President shall
notify the Security Council thereof in such manner as the
President thinks fit. (Amended 18 Jan 1996)
Section
3 : Preliminary Proceedings
Rule 62
Initial Appearance of Accused
(Adopted 11 Feb 1994)
(A) Upon transfer of an accused to the seat of the Tribunal,
the President shall forthwith assign the case to a Trial
Chamber. The accused shall be brought before that Trial
Chamber or a Judge thereof without delay, and shall be
formally charged. The Trial Chamber or the Judge shall:
(i) satisfy itself, himself or herself that the right
of the accused to counsel is respected;
(Amended 17 Nov 1999)
(ii) read or have the indictment read to the accused
in a language the accused understands, and satisfy itself,
himself or herself that the accused understands the indictment;
(Revised 12 Nov 1997, amended 17 Nov 1999, amended 24
June 2003)
(iii) inform the accused that, within thirty days of
the initial appearance, he or she will be called upon
to enter a plea of guilty or not guilty on each count
but that, should the accused so request, he or she may
immediately enter a plea of guilty or not guilty on one
or more count;
(Amended 4 Dec 1998)
(iv) if the accused fails to enter a plea at the initial
or any further appearance, enter a plea of not guilty
on the accused’s behalf;
(Amended 15 June 1995, revised 12 Nov 1997, amended
4 Dec 1998)
(v) in case of a plea of not guilty, instruct the Registrar
to set a date for trial;
(Revised 30 Jan 1995)
(vi) in case of a plea of guilty:
(a) if before the Trial Chamber, act in accordance
with
Rule 62 bis, or
(Amended 17 Nov 1999)
(b) if before a Judge, refer the plea to the Trial Chamber
so that it may act in accordance with Rule 62 bis;
(Amended 17 Nov 1999)
(Revised 30 Jan 1995, revised 12 Nov 1997)
(vii) instruct the Registrar to set such other dates
as appropriate.
(Revised 30 Jan 1995)
(Revised 12 Nov 1997, amended 17 Nov 1999, amended 12
Apr 2001, amended 17 July 2003)
(B) Where the interests of justice so require, the Registrar
may assign a duty counsel as within Rule 45 (C) to represent
the accused at the initial appearance. Such assignments
shall be treated in accordance with the relevant provisions
of the Directive referred to in Rule 45 (A). (Amended 28
July 2004)
Rule 62 bis
Guilty Pleas
(Adopted 12 Nov 1997)
If an accused pleads guilty in accordance with Rule
62 (vi), or requests to change his or her plea to guilty
and the Trial Chamber is satisfied that:
(i) the guilty plea has been made voluntarily;
(ii) the guilty plea is informed;
(Amended 17 Nov 1999)
(iii) the guilty plea is not equivocal; and
(iv) there is a sufficient factual basis for the crime
and the accused’s participation in it, either on
the basis of independent indicia or on lack of any material
disagreement between the parties about the facts of the
case,
the Trial Chamber may enter a finding of guilt and instruct
the Registrar to set a date for the sentencing hearing. (Amended
10 July 1998, amended 4 Dec 1998)
Rule
62 ter
Plea Agreement Procedure
(Adopted 13 Dec 2001)
(A) The Prosecutor and the defence may agree that, upon
the accused entering a plea of guilty to the indictment
or to one or more counts of the indictment, the Prosecutor
shall do one or more of the following before the Trial
Chamber:
(i) apply to amend the indictment accordingly;
(ii) submit that a specific sentence or sentencing range
is appropriate;
(iii) not oppose a request by the accused for a particular
sentence or sentencing range.
(B) The Trial Chamber shall not be bound by any agreement
specified in paragraph (A).
(C) If a plea agreement has been reached by the parties,
the Trial Chamber shall require the disclosure of the agreement
in open session or, on a showing of good cause, in closed
session, at the time the accused pleads guilty in accordance
with Rule 62 (vi), or requests to change his or her plea
to guilty.
Rule
63
Questioning of Accused
(Adopted 11 Feb 1994, amended 3 Dec 1996)
(A) Questioning by the Prosecutor of an accused, including
after the initial appearance, shall not proceed without
the presence of counsel unless the accused has voluntarily
and expressly agreed to proceed without counsel present.
If the accused subsequently expresses a desire to have
counsel, questioning shall thereupon cease, and shall only
resume when the accused’s counsel is present.
(B) The questioning, including any waiver of the right
to counsel, shall be audio-recorded or video-recorded in
accordance with the procedure provided for in Rule 43.
The Prosecutor shall at the beginning of the questioning
caution the accused in accordance with Rule 42 (A)(iii).
Rule
64
Detention on Remand
(Adopted 11 Feb 1994, amended 25 July 1997, revised 12
Nov 1997)
Upon being transferred to the seat of the Tribunal,
the accused shall be detained in facilities provided by the
host country, or by another country. In exceptional circumstances,
the accused may be held in facilities outside of the host
country. The President may, on the application of a party,
request modification of the conditions of detention of an
accused.
Rule
65
Provisional Release
(Adopted 11 Feb 1994)
(A) Once detained, an accused may not be released except
upon an order of a Chamber. (Amended 14 July 2000)
(B) Release may be ordered by a Trial Chamber only after
giving the host country and the State to which the accused
seeks to be released the opportunity to be heard and only
if it is satisfied that the accused will appear for trial
and, if released, will not pose a danger to any victim,
witness or other person. (Revised 30 Jan 1995, amended
17 Nov 1999, amended 13 Dec 2001)
(C) The Trial Chamber may impose such conditions upon
the release of the accused as it may determine appropriate,
including the execution of a bail bond and the observance
of such conditions as are necessary to ensure the presence
of the accused for trial and the protection of others.
(Revised 12 Nov 1997)
(D) Any decision rendered under this Rule by a Trial Chamber
shall be subject to appeal. Subject to paragraph (F) below,
an appeal shall be filed within seven days of filing of
the impugned decision. Where such decision is rendered
orally, the appeal shall be filed within seven days of
the oral decision, unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(Amended 10 July 1998)
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case, the time-limit shall
run from filing of the written decision.
(Amended 10 July 1998)
(Amended 25 July 1997, revised 12 Nov 1997, amended 10
July 1998, amended 17 Nov 1999, amended 14 July 2000, amended
1 Dec 2000 and 13 Dec 2000, amended 21 July 2005)
(E) The Prosecutor may apply for a stay of a decision
by the Trial Chamber to release an accused on the basis
that the Prosecutor intends to appeal the decision, and
shall make such an application at the time of filing his
or her response to the initial application for provisional
release by the accused. (Amended 17 Nov 1999)
(F) Where the Trial Chamber grants a stay of its decision
to release an accused, the Prosecutor shall file his or
her appeal not later than one day from the rendering of
that decision. (Amended 17 Nov 1999)
(G) Where the Trial Chamber orders a stay of its decision
to release the accused pending an appeal by the Prosecutor,
the accused shall not be released until either:
(i) the time-limit for the filing of an appeal by the
Prosecutor has expired, and no such appeal is filed;
(Amended 21 July 2005)
(ii) the Appeals Chamber dismisses the appeal; or
(iii) the Appeals Chamber otherwise orders.
(Amended 21 July 2005)
(Amended 17 Nov 1999, amended 21 July 2005)
(H) If necessary, the Trial Chamber may issue a warrant
of arrest to secure the presence of an accused who has
been released or is for any other reason at liberty. The
provisions of Section 2 of Part Five shall apply mutatis
mutandis. (Amended 25 July 1997)
(I) Without prejudice to the provisions of Rule 107, the
Appeals Chamber may grant provisional release to convicted
persons pending an appeal or for a fixed period if it is
satisfied that:
(i) the appellant, if released, will either appear at
the hearing of the appeal or will surrender into detention
at the conclusion of the fixed period, as the case may
be;
(ii) the appellant, if released, will not pose a danger
to any victim, witness or other person, and
(iii) special circumstances exist warranting such release.
The provisions of paragraphs (C) and (H) shall apply mutatis
mutandis.
(Amended 14 July 2000, amended 1 Dec 2000 and 13 Dec 2000)
Rule
65 bis
Status Conferences
(Adopted 25 July 1997)
(A) A Trial Chamber or a Trial Chamber Judge shall convene
a status conference within one hundred and twenty days
of the initial appearance of the accused and thereafter
within one hundred and twenty days after the last status
conference:
(i) to organize exchanges between the parties so as
to ensure expeditious preparation for trial;
(ii) to review the status of his or her case and to
allow the accused the opportunity to raise issues in
relation thereto, including the mental and physical condition
of the accused.
(Amended 4 Dec 1998, amended 17 Nov 1999, amended 12
Apr 2001, amended 17 July 2003)
(B) The Appeals Chamber or an Appeals Chamber Judge shall
convene a status conference, within one hundred and twenty
days of the filing of a notice of appeal and thereafter
within one hundred and twenty days after the last status
conference, to allow any person in custody pending appeal
the opportunity to raise issues in relation thereto, including
the mental and physical condition of that person. (Amended
17 Nov 1999)
(C) With the written consent of the accused, given after
receiving advice from his counsel, a status conference
under this Rule may be conducted
(i) in his presence, but with his counsel participating
either via tele-conference or video-conference; or
(ii) in Chambers in his absence, but with his participation
via tele-conference if he so wishes and/or participation
of his counsel via tele-conference or video-conference.
(Amended 12 Dec 2002)
Rule
65 ter
Pre-Trial Judge
(Adopted 10 July 1998, amended 17 Nov 1999)
(A) The Presiding Judge of the Trial Chamber shall, no
later than seven days after the initial appearance of the
accused, designate from among its members a Judge responsible
for the pre-trial proceedings (hereinafter "pre-trial
Judge"). (Amended 17 Nov 1999, amended 12 Apr 2001,
amended 17 July 2003)
(B) The pre-trial Judge shall, under the authority and
supervision of the Trial Chamber seised of the case, coordinate
communication between the parties during the pre-trial
phase. The pre-trial Judge shall ensure that the proceedings
are not unduly delayed and shall take any measure necessary
to prepare the case for a fair and expeditious trial.
(C) The pre-trial Judge shall be entrusted with all of
the pre-trial functions set forth in Rule 66, Rule 67,
Rule 73 bis and Rule 73 ter, and with all
or part of the functions set forth in Rule 73. (Amended
17 Nov 1999, amended 12 Apr 2001, amended 12 Dec 2003)
(D) (i) The pre-trial Judge may
be assisted in the performance of his or her duties by
one of the Senior Legal Officers assigned to Chambers.
(ii) The pre-trial Judge shall establish a work plan
indicating, in general terms, the obligations that the
parties are required to meet pursuant to this Rule and
the dates by which these obligations must be fulfilled.
(iii) Acting under the supervision of the pre-trial
Judge, the Senior Legal Officer shall oversee the implementation
of the work plan and shall keep the pre-trial Judge informed
of the progress of the discussions between and with the
parties and, in particular, of any potential difficulty.
He or she shall present the pre-trial Judge with reports
as appropriate and shall communicate to the parties,
without delay, any observations and decisions made by
the pre-trial Judge.
(iv) The pre-trial Judge shall order the parties to
meet to discuss issues related to the preparation of
the case, in particular, so that the Prosecutor can meet
his or her obligations pursuant to paragraphs (E) (i)
to (iii) of this Rule and for the defence to meet its
obligations pursuant to paragraph (G) of this Rule and
of Rule 73 ter.
(v) Such meetings are held inter partes or, at
his or her request, with the Senior Legal Officer and
one or more of the parties. The Senior Legal Officer
ensures that the obligations set out in paragraphs (E)
(i) to (iii) of this Rule and, at the appropriate time,
that the obligations in paragraph (G) and Rule 73 ter,
are satisfied in accordance with the work plan set by
the pre-trial Judge.
(vi) The presence of the accused is not necessary for
meetings convened by the Senior Legal Officer.
(vii) The Senior Legal Officer may be assisted by a
representative of the Registry in the performance of
his or her duties pursuant to this Rule and may require
a transcript to be made.
(Amended 12 Apr 2001)
(E) Once any existing preliminary motions filed within
the time-limit provided by Rule 72 are disposed of, the
pre-trial Judge shall order the Prosecutor, upon the report
of the Senior Legal Officer, and within a time-limit set
by the pre-trial Judge and not less than six weeks before
the Pre-Trial Conference required by Rule 73 bis,
to file the following:
(i) the final version of the Prosecutor’s pre-trial
brief including, for each count, a summary of the evidence
which the Prosecutor intends to bring regarding the commission
of the alleged crime and the form of responsibility incurred
by the accused; this brief shall include any admissions
by the parties and a statement of matters which are not
in dispute; as well as a statement of contested matters
of fact and law;
(Amended 12 Apr 2001)
(ii) the list of witnesses the Prosecutor intends to
call with :
(a) the name or pseudonym of each witness;
(b) a summary of the facts on which each witness will
testify;
(c) the points in the indictment as to which each
witness will testify, including specific references
to counts and relevant paragraphs in the indictment;
(Amended 12 Apr 2001)
(d) the total number of witnesses and the number of
witnesses who will testify against each accused and
on each count;
(Amended 12 Apr 2001)
(e) an indication of whether the witness will testify
in person or pursuant to Rule 92 bis by way
of written statement or use of a transcript of testimony
from other proceedings before the Tribunal; and
(Amended 12 Apr 2001)
(f) the estimated length of time required for each
witness and the total time estimated for presentation
of the Prosecutor’s case.
(Amended 12 Apr 2001)
(iii) the list of exhibits the Prosecutor intends
to offer stating where possible whether the defence has
any objection as to authenticity. The Prosecutor shall
serve on the defence copies of the exhibits so listed.
(Amended 12 Apr 2001, amended 13 Dec 2001)
(Amended 17 Nov 1999, amended 12 Apr 2001, amended 12
July 2001)
(F) After the submission by the Prosecutor of the items
mentioned in paragraph (E), the pre-trial Judge shall
order the defence, within a time-limit set by the pre-trial
Judge, and not later than three weeks before the Pre-Trial
Conference, to file a pre-trial brief addressing the factual
and legal issues, and including a written statement setting
out:
(i) in general terms, the nature of the accused’s
defence;
(ii) the matters with which the accused takes issue
in the Prosecutor’s pre-trial brief; and
(iii) in the case of each such matter, the reason why
the accused takes issue with it.
(Amended 17 Nov 1999, amended 12 Apr 2001)
(G) After the close of the Prosecutor’s case
and before the commencement of the defence case, the pre-trial
Judge shall order the defence to file the following:
(i) a list of witnesses the defence intends to call
with:
(a) the name or pseudonym of each witness;
(b) a summary of the facts on which each witness will
testify;
(c) the points in the indictment as to which each
witness will testify;
(Amended 12 Apr 2001)
(d) the total number of witnesses and the number of
witnesses who will testify for each accused and on
each count;
(Amended 12 Apr 2001)
(e) an indication of whether the witness will testify
in person or pursuant to Rule 92 bis by way
of written statement or use of a transcript of testimony
from other proceedings before the Tribunal; and
(Amended 12 Apr 2001)
(f) the estimated length of time required for each
witness and the total time estimated for presentation
of the defence case; and
(Amended 12 Apr 2001)
(ii) a list of exhibits the defence intends to offer
in its case, stating where possible whether the Prosecutor
has any objection as to authenticity. The defence shall
serve on the Prosecutor copies of the exhibits so listed.
(Amended 13 Dec 2001)
(Amended 17 Nov 1999)
(H) The pre-trial Judge shall record the points of
agreement and disagreement on matters of law and fact.
In this connection, he or she may order the parties to
file written submissions with either the pre-trial Judge
or the Trial Chamber. (Amended 17 Nov 1999)
(I) In order to perform his or her functions, the pre-trial
Judge may proprio motu, where appropriate, hear
the parties without the accused being present. The pre-trial
Judge may hear the parties in his or her private room,
in which case minutes of the meeting shall be taken by
a representative of the Registry. (Amended 17 Nov 1999,
amended 12 Apr 2001)
(J) The pre-trial Judge shall keep the Trial Chamber
regularly informed, particularly where issues are in dispute
and may refer such disputes to the Trial Chamber.
(K) The pre-trial Judge may set a time for the making
of pre-trial motions and, if required, any hearing thereon.
A motion made before trial shall be determined before trial
unless the Judge, for good cause, orders that it be deferred
for determination at trial. Failure by a party to raise
objections or to make requests which can be made prior
to trial at the time set by the Judge shall constitute
waiver thereof, but the Judge for cause may grant relief
from the waiver. (Amended 12 Apr 2001)
(L) (i) After the filings by
the Prosecutor pursuant to paragraph (E), the pre-trial
Judge shall submit to the Trial Chamber a complete file
consisting of all the filings of the parties, transcripts
of status conferences and minutes of meetings held in the
performance of his or her functions pursuant to this Rule.
(ii) The pre-trial Judge shall submit a second
file to the Trial Chamber after the defence filings pursuant
to paragraph (G).
(Amended 17 Nov 1999, amended 12 Apr 2001)
(M) The Trial Chamber may proprio motu exercise
any of the functions of the pre-trial Judge. (Amended 17
Nov 1999)
(N) Upon a report of the pre-trial Judge, the Trial
Chamber shall decide, should the case arise, on sanctions
to be imposed on a party which fails to perform its obligations
pursuant to the present Rule. Such sanctions may include
the exclusion of testimonial or documentary evidence. (Amended
12 Apr 2001)
Section
4 : Production of Evidence
Rule
66
Disclosure by the Prosecutor
(Adopted 11 Feb 1994)
(A) Subject to the provisions of Rules 53 and 69, the
Prosecutor shall make available to the defence in a language
which the accused understands
(i) within thirty days of the initial appearance of
the accused, copies of the supporting material which
accompanied the indictment when confirmation was sought
as well as all prior statements obtained by the Prosecutor
from the accused; and
(Revised 12 Nov 1997)
(ii) within the time-limit prescribed by the Trial Chamber
or by the pre-trial Judge appointed pursuant to Rule
65 ter, copies of the statements of all witnesses
whom the Prosecutor intends to call to testify at trial,
and copies of all written statements taken in accordance
with Rule 92 bis; copies of the statements of
additional prosecution witnesses shall be made available
to the defence when a decision is made to call those
witnesses.
(Revised 12 Nov 1997, amended 10 July 1998, amended
17 Nov 1999, amended 1 Dec 2000 and 13 Dec 2000)
(Revised 30 Jan 1995, amended 3 Dec 1996, revised 12
Nov 1997, amended 10 July 1998)
(B) The Prosecutor shall, on request, permit the defence
to inspect any books, documents, photographs and tangible
objects in the Prosecutor’s custody or control, which
are material to the preparation of the defence, or are
intended for use by the Prosecutor as evidence at trial
or were obtained from or belonged to the accused.
(C) Where information is in the possession of the Prosecutor,
the disclosure of which may prejudice further or ongoing
investigations, or for any other reasons may be contrary
to the public interest or affect the security interests
of any State, the Prosecutor may apply to the Trial Chamber
sitting in camera to be relieved from an obligation under
the Rules to disclose that information. When making such
application the Prosecutor shall provide the Trial Chamber
(but only the Trial Chamber) with the information that
is sought to be kept confidential. (Revised 30 Jan 1995,
amended 10 July 1998, amended 17 Nov 1999)
Rule
67
Additional Disclosure
(Adopted 11 Feb 1994, amended 12 Dec 2003)
(A) Within the time-limit prescribed by the Trial Chamber
or by the pre-trial Judge appointed pursuant to Rule 65 ter:
(i) the defence shall notify the Prosecutor of its intent
to offer:
(a) the defence of alibi; in which case the notification
shall specify the place or places at which the accused
claims to have been present at the time of the alleged
crime and the names and addresses of witnesses and
any other evidence upon which the accused intends to
rely to establish the alibi;
(b) any special defence, including that of diminished
or lack of mental responsibility; in which case the
notification shall specify the names and addresses
of witnesses and any other evidence upon which the
accused intends to rely to establish the special defence;
and
(ii) the Prosecutor shall notify the defence of the
names of the witnesses that the Prosecutor intends to
call in rebuttal of any defence plea of which the Prosecutor
has received notice in accordance with paragraph (i)
above.
(Revised 12 Nov 1997, amended 12 Apr 2001)
(Amended 12 Dec 2003
(B) Failure of the defence to provide notice under this
Rule shall not limit the right of the accused to testify
on the above defences.
(C) If either party discovers additional evidence or material
which should have been disclosed earlier pursuant to the
Rules, that party shall immediately disclose that evidence
or material to the other party and the Trial Chamber. (Amended
13 Dec 2001)
Rule
68
Disclosure of Exculpatory and Other Relevant Material
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 12
July 2001, amended 12 Dec 2003, amended 28 July 2004)
Subject to the provisions of Rule 70,
(i) the Prosecutor shall, as soon as practicable, disclose
to the Defence any material which in the actual knowledge
of the Prosecutor may suggest the innocence or mitigate
the guilt of the accused or affect the credibility of Prosecution
evidence.
(ii) without prejudice to paragraph (i), the Prosecutor
shall make available to the defence, in electronic form,
collections of relevant material held by the Prosecutor,
together with appropriate computer software with which
the defence can search such collections electronically.
(iii) the Prosecutor shall take reasonable steps, if confidential
information is provided to the Prosecutor by a person or
entity under Rule 70 (B) and contains material referred
to in paragraph (i) above, to obtain the consent of the
provider to disclosure of that material, or the fact of
its existence, to the accused.
(iv) the Prosecutor shall apply to the Chamber sitting
in camera to be relieved from an obligation under paragraph
(i) to disclose information in the possession of the Prosecutor,
if its disclosure may prejudice further or ongoing investigations,
or for any other reason may be contrary to the public interest
or affect the security interests of any State, and when
making such application, the Prosecutor shall provide the
Trial Chamber (but only the Trial Chamber) with the information
that is sought to be kept confidential.
(v) notwithstanding the completion of the trial and any
subsequent appeal, the Prosecutor shall disclose to the
other party any material referred to in paragraph (i) above.
Rule
68 bis
Failure to Comply with Disclosure Obligations
(Adopted 13 Dec 2001)
The pre-trial Judge or the Trial Chamber may decide proprio
motu, or at the request of either party, on sanctions
to be imposed on a party which fails to perform its disclosure
obligations pursuant to the Rules.
Rule
69
Protection of Victims and Witnesses
(Adopted 11 Feb 1994)
(A) In exceptional circumstances, the Prosecutor may apply
to a Judge or Trial Chamber to order the non-disclosure
of the identity of a victim or witness who may be in danger
or at risk until such person is brought under the protection
of the Tribunal. (Amended 13 Dec 2001)
(B) In the determination of protective measures for victims
and witnesses, the Judge or Trial Chamber may consult the
Victims and Witnesses Section. (Amended 15 June 1995, amended
2 July 1999, amended 13 Dec 2001)
(C) Subject to Rule 75, the identity of the victim
or witness shall be disclosed in sufficient time prior
to the trial to allow adequate time for preparation of
the defence.
Rule
70
Matters not Subject to Disclosure
(Adopted 11 Feb 1994)
(A) Notwithstanding the provisions of Rules 66 and
67, reports, memoranda, or other internal documents prepared
by a party, its assistants or representatives in connection
with the investigation or preparation of the case, are
not subject to disclosure or notification under those Rules.
(B) If the Prosecutor is in possession of information
which has been provided to the Prosecutor on a confidential
basis and which has been used solely for the purpose of
generating new evidence, that initial information and its
origin shall not be disclosed by the Prosecutor without
the consent of the person or entity providing the initial
information and shall in any event not be given in evidence
without prior disclosure to the accused. (Amended 4 Oct
1994, revised 30 Jan 1995, revised 12 Nov 1997)
(C) If, after obtaining the consent of the person or entity
providing information under this Rule, the Prosecutor elects
to present as evidence any testimony, document or other
material so provided, the Trial Chamber, notwithstanding
Rule 98, may not order either party to produce additional
evidence received from the person or entity providing the
initial information, nor may the Trial Chamber for the
purpose of obtaining such additional evidence itself summon
that person or a representative of that entity as a witness
or order their attendance. A Trial Chamber may not use
its power to order the attendance of witnesses or to require
production of documents in order to compel the production
of such additional evidence. (Amended 6 Oct 1995, amended
25 July 1997)
(D) If the Prosecutor calls a witness to introduce in
evidence any information provided under this Rule, the
Trial Chamber may not compel that witness to answer any
question relating to the information or its origin, if
the witness declines to answer on grounds of confidentiality.
(Amended 6 Oct 1995, amended 25 July 1997)
(E) The right of the accused to challenge the evidence
presented by the Prosecution shall remain unaffected subject
only to the limitations contained in paragraphs (C)
and (D). (Amended 6 Oct 1995, amended 12 Apr 2001)
(F) The Trial Chamber may order upon an application by
the accused or defence counsel that, in the interests of
justice, the provisions of this Rule shall apply mutatis
mutandis to specific information in the possession
of the accused. (Amended 25 July 1997)
(G) Nothing in paragraph (C) or (D) above shall affect
a Trial Chamber’s power under Rule 89 (D) to
exclude evidence if its probative value is substantially
outweighed by the need to ensure a fair trial. (Amended
6 Oct 1995, amended 12 Apr 2001)
Section
5 : Depositions
Rule
71
Depositions
(Adopted 11 Feb 1994, amended 10 July 1998)
(A) Where it is in the interests of justice to do so,
a Trial Chamber may order, proprio motu or at the
request of a party, that a deposition be taken for use
at trial, whether or not the person whose deposition is
sought is able physically to appear before the Tribunal
to give evidence. The Trial Chamber shall appoint a Presiding
Officer for that purpose. (Amended 17 Nov 1999)
(B) The motion for the taking of a deposition shall indicate
the name and whereabouts of the person whose deposition
is sought, the date and place at which the deposition is
to be taken, a statement of the matters on which the person
is to be examined, and of the circumstances justifying
the taking of the deposition. (Amended 17 Nov 1999)
(C) If the motion is granted, the party at whose request
the deposition is to be taken shall give reasonable notice
to the other party, who shall have the right to attend
the taking of the deposition and cross-examine the person
whose deposition is being taken.
(D) Deposition evidence may be taken either at or away
from the seat of the Tribunal, and it may also be given
by means of a video-conference. (Amended 17 Nov 1999)
(E) The Presiding Officer shall ensure that the deposition
is taken in accordance with the Rules and that a record
is made of the deposition, including cross-examination
and objections raised by either party for decision by the
Trial Chamber. The Presiding Officer shall transmit the
record to the Trial Chamber.
Rule 71 bis
Testimony by Video-Conference Link
(Adopted 17 Nov 1999)
At the request of either party, a Trial Chamber may,
in the interests of justice, order that testimony be received
via video-conference link.
Section
6 : Motions
Rule
72
Preliminary Motions
(Adopted 11 Feb 1994, amended 10 July 1998, amended 4
Dec 1998, amended 21 July 2005)
(A) Preliminary motions, being motions which
(i) challenge jurisdiction;
(ii) allege defects in the form of the indictment;
(iii) seek the severance of counts joined in one indictment
under Rule 49 or seek separate trials under Rule 82 (B);
or
(iv) raise objections based on the refusal of a request
for assignment of counsel made under Rule 45 (C)
shall be in writing and be brought not later than thirty
days after disclosure by the Prosecutor to the defence
of all material and statements referred to in Rule 66 (A)(i)
and shall be disposed of not later than sixty days after
they were filed and before the commencement of the opening
statements provided for in Rule 84. (Revised 12 Nov 1997)
(B) Decisions on preliminary motions are without interlocutory
appeal save
(i) in the case of motions challenging jurisdiction
(Amended 25 June 1996 and 5 July 1996, amended 23 Apr 2002);
(ii) in other cases where certification has been granted
by the Trial Chamber, which may grant such certification
if the decision involves an issue that would significantly
affect the fair and expeditious conduct of the proceedings
or the outcome of the trial, and for which, in the opinion
of the Trial Chamber, an immediate resolution by the
Appeals Chamber may materially advance the proceedings.
(Amended 25 June 1996 and 5 July 1996, amended 25 July 1997, revised
12 Nov 1997, amended 23 Apr 2002)
(Revised 30 Jan 1995, revised 12 Nov 1997)
(C) Appeals under paragraph (B)(i) shall be filed within
fifteen days and requests for certification under paragraph
(B)(ii) shall be filed within seven days of filing of the
impugned decision. Where such decision is rendered orally,
this time-limit shall run from the date of the oral decision,
unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case, the time-limit shall
run from filing of the written decision.
If certification is given, a party shall appeal to the
Appeals Chamber within seven days of the filing of the
decision to certify. (Revised 12 Nov 1997, amended 10 July
1998, amended 17 Nov 1999, amended 1 Dec 2000 and 13 Dec
2000, amended 23 Apr 2002)
(D) For the purpose of paragraphs (A)(i) and (B)(i), a
motion challenging jurisdiction refers exclusively to a
motion which challenges an indictment on the ground that
it does not relate to:
(i) any of the persons indicated in Articles 1, 6, 7
and 9 of the Statute;
(ii) the territories indicated in Articles 1, 8 and
9 of the Statute;
(iii) the period indicated in Articles 1, 8 and 9 of
the Statute;
(iv) any of the violations indicated in Articles 2,
3, 4, 5 and 7 of the Statute.
(Amended 1 Dec 2000 and 13 Dec 2000)
Rule
73
Other Motions
(Adopted 11 Feb 1994, revised 12 Nov 1997, amended 12
Apr 2001, amended 13 Dec 2001, amended 23 Apr 2002)
(A) After a case is assigned to a Trial Chamber, either
party may at any time move before the Chamber by way of
motion, not being a preliminary motion, for appropriate
ruling or relief. Such motions may be written or oral,
at the discretion of the Trial Chamber. (Revised 12 Nov
1997)
(B) Decisions on all motions are without interlocutory
appeal save with certification by the Trial Chamber, which
may grant such certification if the decision involves an
issue that would significantly affect the fair and expeditious
conduct of the proceedings or the outcome of the trial,
and for which, in the opinion of the Trial Chamber, an
immediate resolution by the Appeals Chamber may materially
advance the proceedings.(Amended 12 Apr 2001, amended 23
Apr 2002)
(C) Requests for certification shall be filed within seven
days of the filing of the impugned decision. Where such
decision is rendered orally, this time-limit shall run
from the date of the oral decision, unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case the time-limit shall
run from filing of the written decision.
If certification is given, a party shall appeal to the
Appeals Chamber within seven days of the filing of the
decision to certify.(Revised 12 Nov 1997, amended 10 July
1998, amended 12 Apr 2001, amended 23 Apr 2002)
(D) Irrespective of any sanctions which may be imposed under Rule 46
(A), when a Chamber finds that a motion is frivolous or is an abuse
of process, the Registrar shall withhold payment of fees associated
with the production of that motion and/ or costs thereof. (Amended
8 Dec 2004)
Section
7: Conferences
Rule
73 bis
Pre-Trial Conference
(Adopted 10 July 1998, amended 17 Nov 1999, amended 17
July 2003)
(A) Prior to the commencement of the trial, the Trial
Chamber shall hold a Pre-Trial Conference.
(B) In the light of the file submitted to the Trial Chamber
by the pre-trial Judge pursuant to Rule 65 ter (L)(i),
the Trial Chamber may call upon the Prosecutor to shorten
the estimated length of the examination-in-chief for some
witnesses. (Amended 17 Nov 1999, amended 12 Apr 2001)
(C) In the light of the file submitted to the Trial Chamber
by the pre-trial Judge pursuant to Rule 65 ter (L)(i),
the Trial Chamber, after having heard the Prosecutor, shall
determine
(i) the number of witnesses the Prosecutor may call;
and
(ii) the time available to the Prosecutor for presenting
evidence.
(Amended 17 Nov 1999, amended 12 Apr 2001, amended 17
July 2003)
(D) After having heard the Prosecutor, the Trial Chamber
may fix a number of crime sites or incidents comprised
in one or more of the charges in respect of which evidence
may be presented by the Prosecutor which, having regard
to all the relevant circumstances, including the crimes
charged in the indictment, their classification and nature,
the places where they are alleged to have been committed,
their scale and the victims of the crimes, are reasonably
representative of the crimes charged. (Amended 17 July
2003)
(E) After commencement of the trial, the Prosecutor may
file a motion to vary the decision as to the number of
crime sites or incidents in respect of which evidence may
be presented or the number of witnesses that are to be
called or for additional time to present evidence and the
Trial Chamber may grant the Prosecutor’s request
if satisfied that this is in the interests of justice.
(Amended 17 Nov 1999, amended 12 Apr 2001, amended 17 July
2003)
Rule
73 ter
Pre-Defence Conference
(Adopted 10 July 1998, amended 17 Nov 1999)
(A) Prior to the commencement by the defence of its case
the Trial Chamber may hold a Conference.
(B) In the light of the file submitted to the Trial Chamber
by the pre-trial Judge pursuant to Rule 65 ter (L)(ii),
the Trial Chamber may call upon the defence to shorten
the estimated length of the examination-in-chief for some
witnesses. (Amended 17 Nov 1999, amended 12 Apr 2001)
(C) In the light of the file submitted to the Trial Chamber
by the pre-trial Judge pursuant to Rule 65 ter (L)(ii),
the Trial Chamber, after having heard the defence, shall
set the number of witnesses the defence may call. (Amended
17 Nov 1999, amended 12 Apr 2001)
(D) After commencement of the defence case, the defence
may, if it considers it to be in the interests of justice,
file a motion to reinstate the list of witnesses or to
vary the decision as to which witnesses are to be called.
(Amended 12 Apr 2001)
(E) After having heard the defence, the Trial Chamber
shall determine the time available to the defence for presenting
evidence. (Amended 12 Apr 2001)
(F) During a trial, the Trial Chamber may grant a defence
request for additional time to present evidence if this
is in the interests of justice. (Amended 12 Apr 2001)
PART
SIX
PROCEEDINGS BEFORE TRIAL CHAMBERS
Section
1 : General Provisions
Rule
74
Amicus Curiae
(Adopted 11 Feb 1994)
A Chamber may, if it considers it desirable for the
proper determination of the case, invite or grant leave to
a State, organization or person to appear before it and make
submissions on any issue specified by the Chamber.
Rule
74 bis
Medical Examination of the Accused
(Adopted 10 July 1998, amended 12 Apr 2001)
A Trial Chamber may, proprio motu or at the request
of a party, order a medical, psychiatric or psychological
examination of the accused. In such a case, unless the Trial
Chamber otherwise orders, the Registrar shall entrust this
task to one or several experts whose names appear on a list
previously drawn up by the Registry and approved by the Bureau.
Rule
75
Measures for the Protection of Victims and Witnesses
(Adopted 11 Feb 1994)
(A) A Judge or a Chamber may, proprio motu or at
the request of either party, or of the victim or witness
concerned, or of the Victims and Witnesses Section, order
appropriate measures for the privacy and protection of
victims and witnesses, provided that the measures are consistent
with the rights of the accused. (Amended 15 June 1995,
amended 2 July 1999)
(B) A Chamber may hold an in camera proceeding to determine
whether to order:
(i) measures to prevent disclosure to the public or
the media of the identity or whereabouts of a victim
or a witness, or of persons related to or associated
with a victim or witness by such means as:
(Revised 12 Nov 1997):
(a) expunging names and identifying information from
the Tribunal’s public records;
(b) non-disclosure to the public of any records identifying
the victim;
(c) giving of testimony through image- or voice- altering
devices or closed circuit television; and
(d) assignment of a pseudonym;
(ii) closed sessions, in accordance with Rule 79;
(iii) appropriate measures to facilitate the testimony
of vulnerable victims and witnesses, such as one-way
closed circuit television.
(Revised 30 Jan 1995)
(C) The Victims and Witnesses Section shall ensure that
the witness has been informed before giving evidence that
his or her testimony and his or her identity may be disclosed
at a later date in another case, pursuant to
Rule 75 (F). (Amended 12 Dec 2002)
(D) A Chamber shall, whenever necessary, control the manner
of questioning to avoid any harassment or intimidation.
(E) When making an order under paragraph (A) above, a
Judge or Chamber shall wherever appropriate state in the
order whether the transcript of those proceedings relating
to the evidence of the witness to whom the measures relate
shall be made available for use in other proceedings before
the Tribunal. (Amended 12 July 2002)
(F) Once protective measures have been ordered in respect
of a victim or witness in any proceedings before the Tribunal
(the "first proceedings"), such protective measures:
(i) shall continue to have effect mutatis mutandis in
any other proceedings before the Tribunal (the "second
proceedings") unless and until they are rescinded,
varied or augmented in accordance with the procedure
set out in this Rule; but
(ii) shall not prevent the Prosecutor from discharging
any disclosure obligation under the Rules in the second
proceedings, provided that the Prosecutor notifies the
Defence to whom the disclosure is being made of the nature
of the protective measures ordered in the first proceedings.
(Amended 17 Nov 1999, amended 1 Dec 2000 and 13 Dec
2000, amended 13 Dec 2001, amended 12 July 2002)
(G) A party to the second proceedings seeking to rescind,
vary or augment protective measures ordered in the first
proceedings must apply:
(i) to any Chamber, however constituted, remaining seised
of the first proceedings; or
(ii) if no Chamber remains seised of the first proceedings,
to the Chamber seised of the second proceedings.
(Amended 12 July 2002)
(H) Before determining an application under paragraph
(G)(ii) above, the Chamber seised of the second proceedings
shall obtain all relevant information from the first proceedings,
and shall consult with any Judge who ordered the protective
measures in the first proceedings, if that Judge remains
a Judge of the Tribunal. (Amended 12 July 2002, amended
12 Dec 2002)
(I) An application to a Chamber to rescind, vary or augment
protective measures in respect of a victim or witness may
be dealt with either by the Chamber or by a Judge of that
Chamber, and any reference in this Rule to "a Chamber" shall
include a reference to "a Judge of that Chamber".
(Amended 12 July 2002)
Rule
76
Solemn Declaration by Interpreters and Translators
(Adopted 11 Feb 1994)
Before performing any duties, an interpreter or a translator
shall solemnly declare to do so faithfully, independently,
impartially and with full respect for the duty of confidentiality.
Rule
77
Contempt of the Tribunal
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 25
July 1997, revised 12 Nov 1997, amended 13 Dec 2001)
(A) The Tribunal in the exercise of its inherent power
may hold in contempt those who knowingly and wilfully interfere
with its administration of justice, including any person
who
(i) being a witness before a Chamber, contumaciously
refuses or fails to answer a question;
(ii) discloses information relating to those proceedings
in knowing violation of an order of a Chamber; (Amended
4 Dec 1998)
(iii) without just excuse fails to comply with an order
to attend before or produce documents before a Chamber;
(iv) threatens, intimidates, causes any injury or offers
a bribe to, or otherwise interferes with, a witness who
is giving, has given, or is about to give evidence in
proceedings before a Chamber, or a potential witness;
or
(Amended 4 Dec 1998, amended 13 Dec 2001)
(v) threatens, intimidates, offers a bribe to, or otherwise
seeks to coerce any other person, with the intention
of preventing that other person from complying with an
obligation under an order of a Judge or Chamber.
(Amended 4 Dec 1998, amended 13 Dec 2001)
(Amended 10 July 1998, revised 12 Nov 1997, amended 13
Dec 2001)
(B) Any incitement or attempt to commit any of the acts
punishable under paragraph (A) is punishable as contempt
of the Tribunal with the same penalties. (Amended 4 Dec
1998, amended 13 Dec 2001)
(C) When a Chamber has reason to believe that a person
may be in contempt of the Tribunal, it may:
(i) direct the Prosecutor to investigate the matter
with a view to the preparation and submission of an indictment
for contempt;
(ii) where the Prosecutor, in the view of the Chamber,
has a conflict of interest with respect to the relevant
conduct, direct the Registrar to appoint an amicus
curiae to investigate the matter and report back
to the Chamber as to whether there are sufficient grounds
for instigating contempt proceedings; or
(iii) initiate proceedings itself.
(Revised 12 Nov 1997, amended 10 July 1998, amended
4 Dec 1998, amended 13 Dec 2001)
(D) If the Chamber considers that there are sufficient
grounds to proceed against a person for contempt, the Chamber
may:
(i) in circumstances described in paragraph (C)(i),
direct the Prosecutor to prosecute the matter; or
(ii) in circumstances described in paragraph (C)(ii)
or (iii), issue an order in lieu of an indictment and
either direct amicus curiae to prosecute the matter
or prosecute the matter itself.
(Amended 13 Dec 2001)
(E) The rules of procedure and evidence in Parts Four
to Eight shall apply mutatis mutandis to proceedings
under this Rule. (Amended 13 Dec 2001)
(F) Any person indicted for or charged with contempt shall,
if that person satisfies the criteria for determination
of indigence established by the Registrar, be assigned
counsel in accordance with Rule 45. (Revised 12 Nov 1997,
amended 13 Dec 2001)
(G) The maximum penalty that may be imposed on a person
found to be in contempt of the Tribunal shall be a term
of imprisonment not exceeding seven years, or a fine not
exceeding 100,000 Euros, or both. (Amended 4 Dec 1998,
amended 1 Dec 2000 and 13 Dec 2000, amended 13 Dec 2001)
(H) Payment of a fine shall be made to the Registrar to
be held in a separate account.
(I) If a counsel is found guilty of contempt of the Tribunal
pursuant to this Rule, the Chamber making such finding
may also determine that counsel is no longer eligible to
represent a suspect or accused before the Tribunal or that
such conduct amounts to misconduct of counsel pursuant
to Rule 46, or both. (Amended 13 Dec 2001)
(J) Any decision rendered by a Trial Chamber under this
Rule shall be subject to appeal. Notice of appeal shall
be filed within fifteen days of filing of the impugned
decision. Where such decision is rendered orally, the notice
shall be filed within fifteen days of the oral decision,
unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case the time-limit shall
run from filing of the written decision.
(Revised 12 Nov 1997, amended 10 July 1998, amended
4 Dec 1998, amended 1 Dec 2000 and 13 Dec 2000)
(K) In the case of decisions under this Rule by the Appeals
Chamber sitting as a Chamber of first instance, an appeal
may be submitted in writing to the President within fifteen
days of the filing of the impugned decision. Such appeal
shall be decided by five different Judges as assigned by
the President. Where the impugned decision is rendered
orally, the appeal shall be filed within fifteen days of
the oral decision, unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Appeals Chamber has indicated that a written
decision will follow, in which case the time-limit shall
run from filing of the written decision.
(Amended 12 July 2002)
Rule
77 bis
Payment of Fines
(Adopted 2 July 1999)
(A) In imposing a fine under Rule 77 or Rule 91, a Chamber
shall specify the time for its payment. (Amended 13 Dec
2001)
(B) Where a fine imposed under Rule 77 or Rule 91 is not
paid within the time specified, the Chamber imposing the
fine may issue an order requiring the person on whom the
fine is imposed to appear before, or to respond in writing
to, the Tribunal to explain why the fine has not been paid.
(Amended 13 Dec 2001)
(C) After affording the person on whom the fine is imposed
an opportunity to be heard, the Chamber may make a decision
that appropriate measures be taken, including:
(i) extending the time for payment of the fine;
(ii) requiring the payment of the fine to be made in
instalments;
(iii) in consultation with the Registrar, requiring
that the moneys owed be deducted from any outstanding
fees owing to the person by the Tribunal where the person
is a counsel retained by the Tribunal pursuant to the
Directive on the Assignment of Defence Counsel;
(Amended 17 Nov 1999)
(iv) converting the whole or part of the fine to a term
of imprisonment not exceeding twelve months.
(Amended 17 Nov 1999, amended 13 Dec 2001)
(D) In addition to a decision under paragraph (C), the
Chamber may find the person in contempt of the Tribunal
and impose a new penalty applying Rule 77 (G), if
that person was able to pay the fine within the specified
time and has wilfully failed to do so. This penalty for
contempt of the Tribunal shall be additional to the original
fine imposed. (Amended 12 Apr 2001, amended 13 Dec 2001)
(E) The Chamber may, if necessary, issue an arrest warrant
to secure the person’s presence where he or she fails
to appear before or respond in writing pursuant to an order
under paragraph (B). A State or authority to whom such
a warrant is addressed, in accordance with Article 29 of
the Statute, shall act promptly and with all due diligence
to ensure proper and effective execution thereof. Where
an arrest warrant is issued under this Sub-rule, the provisions
of Rules 45, 57, 58, 59, 59 bis, and 60 shall apply mutatis
mutandis. Following the transfer of the person concerned
to the Tribunal, the provisions of Rules 64, 65 and 99
shall apply mutatis mutandis.(Amended 12 Apr 2001,
amended 13 Dec 2001)
(F) Where under this Rule a penalty of imprisonment is
imposed, or a fine is converted to a term of imprisonment,
the provisions of Rules 102, 103 and 104 and Part Nine
shall apply mutatis mutandis.
(G) Any finding of contempt or penalty imposed under this
Rule shall be subject to appeal as allowed for in Rule
77 (J).
Rule
78
Open Sessions
(Adopted 11 Feb 1994)
All proceedings before a Trial Chamber, other than deliberations
of the Chamber, shall be held in public, unless otherwise
provided.
Rule
79
Closed Sessions
(Adopted 11 Feb 1994)
(A) The Trial Chamber may order that the press and the public
be excluded from all or part of the proceedings for reasons
of:
(i) public order or morality;
(ii) safety, security or non-disclosure of the identity
of a victim or witness as provided in Rule 75; or
(iii) the protection of the interests of justice.
(B) The Trial Chamber shall make public the reasons for
its order.
Rule
80
Control of Proceedings
(Adopted 11 Feb 1994)
(A) The Trial Chamber may exclude a person from the courtroom
in order to protect the right of the accused to a fair
and public trial, or to maintain the dignity and decorum
of the proceedings.
(B) The Trial Chamber may order the removal of an accused
from the courtroom and continue the proceedings in the
absence of the accused if the accused has
persisted in disruptive conduct following a warning that such conduct
may warrant the removal of the accused from the courtroom.
Rule
81
Records of Proceedings and Evidence
(Adopted 11 Feb 1994)
(A) The Registrar shall cause to be made and preserve
a full and accurate record of all proceedings, including
audio recordings, transcripts and, when deemed necessary
by the Trial Chamber, video recordings.
(B) The Trial Chamber, after giving due consideration
to any matters relating to witness protection, may order
the disclosure of all or part of the record of closed proceedings
when the reasons for ordering its non-disclosure no longer
exist. (Amended 1 Dec 2000 and 13 Dec 2000)
(C) The Registrar shall retain and preserve all physical
evidence offered during the proceedings subject to any
Practice Direction or any order which a Chamber may at
any time make with respect to the control or disposition
of physical evidence offered during proceedings before
that Chamber. (Amended 25 July 1997)
(D) Photography, video-recording or audio-recording of
the trial, otherwise than by the Registrar, may be authorised
at the discretion of the Trial Chamber.
Section
2 : Case Presentation
Rule
82
Joint and Separate Trials
(Adopted 11 Feb 1994)
(A) In joint trials, each accused shall be accorded the
same rights as if such accused were being tried separately.
(Revised 12 Nov 1997)
(B) The Trial Chamber may order that persons accused jointly
under Rule 48 be tried separately if it considers it necessary
in order to avoid a conflict of interests that might cause
serious prejudice to an accused, or to protect the interests
of justice.
Rule
83
Instruments of Restraint
(Adopted 11 Feb 1994, amended 4 Dec 1998)
Instruments of restraint, such as handcuffs, shall be
used only on the order of the Registrar as a precaution against
escape during transfer or in order to prevent an accused
from self-injury, injury to others or to prevent serious
damage to property. Instruments of restraint shall be removed
when the accused appears before a Chamber or a Judge.
Rule
84
Opening Statements
(Adopted 11 Feb 1994, revised 12 Nov 1997)
Before presentation of evidence by the Prosecutor, each
party may make an opening statement. The defence may, however,
elect to make its statement after the conclusion of the Prosecutor’s
presentation of evidence and before the presentation of evidence
for the defence.
Rule
84 bis
Statement of the Accused
(Adopted 2 July 1999)
(A) After the opening statements of the parties or, if
the defence elects to defer its opening statement pursuant
to Rule 84, after the opening statement of the Prosecutor,
if any, the accused may, if he or she so wishes, and the
Trial Chamber so decides, make a statement under the control
of the Trial Chamber. The accused shall not be compelled
to make a solemn declaration and shall not be examined
about the content of the statement.
(B) The Trial Chamber shall decide on the probative value,
if any, of the statement.
Rule
85
Presentation of Evidence
(Adopted 11 Feb 1994)
(A) Each party is entitled to call witnesses and present
evidence. Unless otherwise directed by the Trial Chamber
in the interests of justice, evidence at the trial shall
be presented in the following sequence:
(i) evidence for the prosecution;
(ii) evidence for the defence;
(iii) prosecution evidence in rebuttal;
(iv) defence evidence in rejoinder;
(v) evidence ordered by the Trial Chamber pursuant to
Rule 98; and
(Amended 10 July 1998)
(vi) any relevant information that may assist the Trial
Chamber in determining an appropriate sentence if the
accused is found guilty on one or more of the charges
in the indictment.
(Amended 10 July 1998)
(B) Examination-in-chief, cross-examination and re-examination
shall be allowed in each case. It shall be for the party
calling a witness to examine such witness in chief, but
a Judge may at any stage put any question to the witness.
(C) If the accused so desires, the accused may appear
as a witness in his or her own defence.
Rule 86
Closing Arguments
(Adopted 11 Feb 1994, revised 12 Nov 1997)
(A) After the presentation of all the evidence, the Prosecutor
may present a closing argument; whether or not the Prosecutor
does so, the defence may make a closing argument. The Prosecutor
may present a rebuttal argument to which the defence may
present a rejoinder. (Amended 10 July 1998)
(B) Not later than five days prior to presenting a closing
argument, a party shall file a final trial brief. (Amended
10 July 1998, amended 1 Dec 2000 and 13 Dec 2000)
(C) The parties shall also address matters of sentencing
in closing arguments. (Amended 10 July 1998)
Rule
87
Deliberations
(Adopted 11 Feb 1994)
(A) When both parties have completed their presentation
of the case, the Presiding Judge shall declare the hearing
closed, and the Trial Chamber shall deliberate in private.
A finding of guilt may be reached only when a majority
of the Trial Chamber is satisfied that guilt has been proved
beyond reasonable doubt.
(B) The Trial Chamber shall vote separately on each charge
contained in the indictment. If two or more accused are
tried together under Rule 48, separate findings shall be
made as to each accused.
(C) If the Trial Chamber finds the accused guilty on one
or more of the charges contained in the indictment, it
shall impose a sentence in respect of each finding of guilt
and indicate whether such sentences shall be served consecutively
or concurrently, unless it decides to exercise its power
to impose a single sentence reflecting the totality of
the criminal conduct of the accused. (Amended 10 July 1998,
amended 1 Dec 2000 and 13 Dec 2000)
Rule 88
[Deleted]
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997, deleted 10 July 1998)
Rule 88 bis
[Deleted]
(Adopted 12 Nov 1997, deleted 10 July 1998)
Section
3 : Rules of Evidence
Rule
89
General Provisions
(Adopted 11 Feb 1994)
(A) A Chamber shall apply the rules of evidence set forth
in this Section, and shall not be bound by national rules
of evidence. (Amended 1 Dec 2000 and 13 Dec 2000)
(B) In cases not otherwise provided for in this Section,
a Chamber shall apply rules of evidence which will best favour
a fair determination of the matter before it and are consonant
with the spirit of the Statute and the general principles
of law.
(C) A Chamber may admit any relevant evidence which it deems
to have probative value.
(D) A Chamber may exclude evidence if its probative value
is substantially outweighed by the need to ensure a fair
trial.
(E) A Chamber may request verification of the authenticity
of evidence obtained out of court.
(F) A Chamber may receive the evidence of a witness orally
or, where the interests of justice allow, in written form.
(Amended 1 Dec 2000 and 13 Dec 2000)
Rule
90
Testimony of Witnesses
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 25
July 1997, amended 17 Nov 1999, amended 1 Dec 2000 and 13
Dec 2000)
(A) Every witness shall, before giving evidence, make
the following solemn declaration: "I solemnly declare that
I will speak the truth, the whole truth and nothing but
the truth".
(B) A child who, in the opinion of the Chamber, does not
understand the nature of a solemn declaration, may be permitted
to testify without that formality, if the Chamber is of
the opinion that the child is sufficiently mature to be
able to report the facts of which the child had knowledge
and understands the duty to tell the truth. A judgement,
however, cannot be based on such testimony alone. (Revised
30 Jan 1995)
(C) A witness, other than an expert, who has not yet testified
shall not be present when the testimony of another witness
is given. However, a witness who has heard the testimony
of another witness shall not for that reason alone be disqualified
from testifying.
(D) Notwithstanding paragraph (C), upon order of the Chamber,
an investigator in charge of a party’s investigation
shall not be precluded from being called as a witness on
the ground that he or she has been present in the courtroom
during the proceedings. (Amended 25 July 1997, amended
1 Dec 2000 and 13 Dec 2000)
(E) A witness may object to making any statement which
might tend to incriminate the witness. The Chamber may,
however, compel the witness to answer the question. Testimony
compelled in this way shall not be used as evidence in
a subsequent prosecution against the witness for any offence
other than false testimony. (Revised 30 Jan 1995, amended
1 Dec 2000 and 13 Dec 2000)
(F) The Trial Chamber shall exercise control over the
mode and order of interrogating witnesses and presenting
evidence so as to
(i) make the interrogation and presentation effective
for the ascertainment of the truth; and
(ii) avoid needless consumption of time.
(Amended 10 July 1998)
(G) The Trial Chamber may refuse to hear a witness whose
name does not appear on the list of witnesses compiled
pursuant to Rules 73 bis (C) and 73 ter (C).
(Amended 12 Apr 2001)
(H) (i) Cross-examination shall be
limited to the subject-matter of the evidence-in-chief
and matters affecting the credibility of the witness and,
where the witness is able to give evidence relevant to
the case for the cross-examining party, to the subject-matter
of that case.
(ii) In the cross-examination of a witness who is
able to give evidence relevant to the case for the cross-examining
party, counsel shall put to that witness the nature of
the case of the party for whom that counsel appears which
is in contradiction of the evidence given by the witness.
(iii) The Trial Chamber may, in the exercise of its
discretion, permit enquiry into additional matters.
(Amended 10 July 1998, amended 17 Nov 1999)
Rule
90 bis
Transfer of a Detained Witness
(Adopted 6 Oct 1995)
(A) Any detained person whose personal appearance as a
witness has been requested by the Tribunal shall be transferred
temporarily to the detention unit of the Tribunal, conditional
on the person’s return within the period decided
by the Tribunal.
(B) The transfer order shall be issued by a permanent
Judge or Trial Chamber only after prior verification that
the following conditions have been met:
(i) the presence of the detained witness is not required
for any criminal proceedings in progress in the territory
of the requested State during the period the witness
is required by the Tribunal;
(ii) transfer of the witness does not extend the period
of detention as foreseen by the requested State.
(Amended 12 Apr 2001)
(C) The Registrar shall transmit the order of transfer
to the national authorities of the State on whose territory,
or under whose jurisdiction or control, the witness is
detained. Transfer shall be arranged by the national authorities
concerned in liaison with the host country and the Registrar.
(Revised 12 Nov 1997)
(D) The Registrar shall ensure the proper conduct of the
transfer, including the supervision of the witness in the
detention unit of the Tribunal; the Registrar shall remain
abreast of any changes which might occur regarding the
conditions of detention provided for by the requested State
and which may possibly affect the length of the detention
of the witness in the detention unit and, as promptly as
possible, shall inform the relevant Judge or Chamber.(Revised
12 Nov 1997)
(E) On expiration of the period decided by the Tribunal
for the temporary transfer, the detained witness shall
be remanded to the authorities of the requested State,
unless the State, within that period, has transmitted an
order of release of the witness, which shall take effect
immediately.
(F) If, by the end of the period decided by the Tribunal,
the presence of the detained witness continues to be necessary,
a permanent Judge or Chamber may extend the period on the
same conditions as stated in paragraph (B). (Amended 12
Apr 2001)
Rule
91
False Testimony under Solemn Declaration
(Adopted 11 Feb 1994)
(A) A Chamber, proprio motu or at the request of
a party, may warn a witness of the duty to tell the truth
and the consequences that may result from a failure to
do so. (Amended 25 July 1997)
(B) If a Chamber has strong grounds for believing that
a witness has knowingly and wilfully given false testimony,
it may:
(i) direct the Prosecutor to investigate the matter
with a view to the preparation and submission of an indictment
for false testimony; or
(Amended 13 Dec 2001)
(ii) where the Prosecutor, in the view of the Chamber,
has a conflict of interest with respect to the relevant
conduct, direct the Registrar to appoint an amicus
curiae to investigate the matter and report back
to the Chamber as to whether there are sufficient grounds
for instigating proceedings for false testimony.
(Amended 13 Dec 2001)
(C) If the Chamber considers that there are sufficient
grounds to proceed against a person for giving false testimony,
the Chamber may:
(i) in circumstances described in paragraph (B)(i),
direct the Prosecutor to prosecute the matter; or
(ii) in circumstances described in paragraph (B)(ii),
issue an order in lieu of an indictment and direct amicus
curiae to prosecute the matter.
(Amended 13 Dec 2001)
(D) The rules of procedure and evidence in Parts Four
to Eight shall apply mutatis mutandis to proceedings
under this Rule.
(E) Any person indicted for or charged with false testimony
shall, if that person satisfies the criteria for determination
of indigence established by the Registrar, be assigned
counsel in accordance with Rule 45. (Amended 13 Dec 2001)
(F) No Judge who sat as a member of the Trial Chamber
before which the witness appeared shall sit for the trial
of the witness for false testimony.
(G) The maximum penalty for false testimony under solemn
declaration shall be a fine of 100,000 Euros or a term
of imprisonment of seven years, or both. The payment of
any fine imposed shall be paid to the Registrar to be held
in the account referred to in Rule 77 (H). (Amended 18
Jan 1996, amended 25 July 1997, revised 12 Nov 1997, amended
4 Dec 1998, amended 1 Dec 2000 and 13 Dec 2000, amended
13 Dec 2001)
(H) Paragraphs (B) to (G) apply mutatis mutandis to
a person who knowingly and willingly makes a false statement
in a written statement taken in accordance with Rule 92 bis which
the person knows or has reason to know may be used as evidence
in proceedings before the Tribunal. (Amended 17 Nov 1999,
amended 1 Dec 2000 and 13 Dec 2000, amended 13 Dec 2001)
(I) Any decision rendered by a Trial Chamber under this
Rule shall be subject to appeal. Notice of appeal shall
be filed within fifteen days of filing of the impugned
decision. Where such decision is rendered orally, the notice
shall be filed within fifteen days of the oral decision,
unless
(i) the party challenging the decision was not present
or represented when the decision was pronounced, in which
case the time-limit shall run from the date on which
the challenging party is notified of the oral decision;
or
(ii) the Trial Chamber has indicated that a written
decision will follow, in which case the time-limit shall
run from filing of the written decision.
(Amended 1 Dec 2000 and 13 Dec 2000)
Rule
92
Confessions
(Adopted 11 Feb 1994)
A confession by the accused given during questioning
by the Prosecutor shall, provided the requirements of Rule
63 were strictly complied with, be presumed to have been
free and voluntary unless the contrary is proved.
Rule
92 bis
Proof of Facts other than by Oral Evidence
(Adopted 1 Dec 2000 and 13 Dec 2000)
(A) A Trial Chamber may admit, in whole or in part, the
evidence of a witness in the form of a written statement
in lieu of oral testimony which goes to proof of a matter
other than the acts and conduct of the accused as charged
in the indictment.
(i) Factors in favour of admitting evidence in the form
of a written statement include but are not limited to
circumstances in which the evidence in question:
(a) is of a cumulative nature, in that other witnesses
will give or have given oral testimony of similar facts;
(b) relates to relevant historical, political or military
background;
(c) consists of a general or statistical analysis
of the ethnic composition of the population in the
places to which the indictment relates;
(d) concerns the impact of crimes upon victims;
(e) relates to issues of the character of the accused;
or
(f) relates to factors to be taken into account in
determining sentence.
(ii) Factors against admitting evidence in the form
of a written statement include whether:
(a) there is an overriding public interest in the
evidence in question being presented orally;
(b) a party objecting can demonstrate that its nature
and source renders it unreliable, or that its prejudicial
effect outweighs its probative value; or
(c) there are any other factors which make it appropriate
for the witness to attend for cross-examination.
(B) A written statement under this Rule shall be admissible
if it attaches a declaration by the person making the written
statement that the contents of the statement are true and
correct to the best of that person’s knowledge and
belief and
(i) the declaration is witnessed by:
(a) a person authorised to witness such a declaration
in accordance with the law and procedure of a State;
or
(b) a Presiding Officer appointed by the Registrar
of the Tribunal for that purpose; and
(ii) the person witnessing the declaration verifies
in writing:
(a) that the person making the statement is the person
identified in the said statement;
(b) that the person making the statement stated that
the contents of the written statement are, to the best
of that person’s knowledge and belief, true and
correct;
(c) that the person making the statement was informed
that if the content of the written statement is not true
then he or she may be subject to proceedings for giving
false testimony; and
(d) the date and place of the declaration.
The declaration shall be attached to the written statement
presented to the Trial Chamber.
(C) A written statement not in the form prescribed by
paragraph (B) may nevertheless be admissible if made by
a person who has subsequently died, or by a person who
can no longer with reasonable diligence be traced, or by
a person who is by reason of bodily or mental condition
unable to testify orally, if the Trial Chamber:
(i) is so satisfied on a balance of probabilities; and
(ii) finds from the circumstances in which the statement
was made and recorded that there are satisfactory indicia
of its reliability.
(D) A Chamber may admit a transcript of evidence given
by a witness in proceedings before the Tribunal which goes
to proof of a matter other than the acts and conduct of
the accused.
(E) Subject to Rule 127 or any order to the contrary,
a party seeking to adduce a written statement or transcript
shall give fourteen days notice to the opposing party,
who may within seven days object. The Trial Chamber shall
decide, after hearing the parties, whether to admit the
statement or transcript in whole or in part and whether
to require the witness to appear for cross-examination.
Rule
93
Evidence of Consistent Pattern of Conduct
(Adopted 11 Feb 1994)
(A) Evidence of a consistent pattern of conduct relevant
to serious violations of international humanitarian law
under the Statute may be admissible in the interests of
justice. (Amended 18 Jan 1996)
(B) Acts tending to show such a pattern of conduct shall
be disclosed by the Prosecutor to the defence pursuant
to Rule 66. (Revised 30 Jan 1995)
Rule
94
Judicial Notice
(Adopted 11 Feb 1994)
(A) A Trial Chamber shall not require proof of facts of
common knowledge but shall take judicial notice thereof.
(B) At the request of a party or proprio motu,
a Trial Chamber, after hearing the parties, may decide
to take judicial notice of adjudicated facts or documentary
evidence from other proceedings of the Tribunal relating
to matters at issue in the current proceedings. (Amended
10 July 1998)
Rule
94 bis
Testimony of Expert Witnesses
(Adopted 10 July 1998)
(A) The full statement of any expert witness to be called
by a party shall be disclosed within the time-limit prescribed
by the Trial Chamber or by the pre-trial Judge. (Amended
14 July 2000, amended 1 Dec 2000 and 13 Dec 2000, amended
13 Dec 2001)
(B) Within thirty days of disclosure of the statement
of the expert witness, or such other time prescribed by
the Trial Chamber or pre-trial Judge, the opposing party
shall file a notice indicating whether:
(i) it accepts the expert witness statement; or
(ii) it wishes to cross-examine the expert witness;
and
(iii) it challenges the qualifications of the witness
as an expert or the relevance of all or parts of the
report and, if so, which parts
(Amended 12 Dec 2002)
(Amended 13 Dec 2001)
(C) If the opposing party accepts the statement of the
expert witness, the statement may be admitted into evidence
by the Trial Chamber without calling the witness to testify
in person.
Rule 94 ter
[Deleted]
(Adopted 4 Dec 1998, amended 17 Nov 1999, deleted 1 Dec
2000 and 13 Dec 2000)
Rule
95
Exclusion of Certain Evidence
(Adopted 11 Feb 1994, revised 30 Jan 1995, revised 12
Nov 1997)
No evidence shall be admissible if obtained by methods which
cast substantial doubt on its reliability or if its admission
is antithetical to, and would seriously damage, the integrity
of the proceedings.
Rule
96
Evidence in Cases of Sexual Assault
(Adopted 11 Feb 1994)
In cases of sexual assault:
(i) no corroboration of the victim's testimony shall be
required;
(ii) consent shall not be allowed as a defence if the
victim
(a) has been subjected to or threatened with or has
had reason to fear violence, duress, detention or psychological
oppression, or
(b) reasonably believed that if the victim did not submit,
another might be so subjected, threatened or put in fear;
(Amended 3 May 1995)
(iii) before evidence of the victim's consent is admitted,
the accused shall satisfy the Trial Chamber in camera that
the evidence is relevant and credible;
(Revised 30 Jan 1995)
(iv) prior sexual conduct of the victim shall not be admitted
in evidence.
Rule
97
Lawyer-Client Privilege
(Adopted 11 Feb 1994)
All communications between lawyer and client shall be
regarded as privileged, and consequently not subject to disclosure
at trial, unless:
(i) the client consents to such disclosure; or
(ii) the client has voluntarily disclosed the content
of the communication to a third party, and that third party
then gives evidence of that disclosure.
Rule
98
Power of Chambers to Order Production of Additional Evidence
(Adopted 11 Feb 1994, amended 25 July 1997)
A Trial Chamber may order either party to produce additional
evidence. It may proprio motu summon witnesses and
order their attendance.
Section
4 : Judgement
Rule
98 bis
Judgement of Acquittal
(Adopted 10 July 1998, amended 17 Nov 1999, amended
8 Dec 2004)
At the close of the Prosecutor’s case, the Trial
Chamber shall, by oral decision and after hearing the oral
submissions of the parties, enter a judgement of acquittal
on any count if there is no evidence capable of supporting
a conviction.
Rule
98 ter
Judgement
(Adopted 10 July 1998)
(A) The judgement shall be pronounced in public, on a
date of which notice shall have been given to the parties
and counsel and at which they shall be entitled to be present,
subject to the provisions of Rule 102 (B). (Amended 10
July 1998, amended 12 Apr 2001)
(B) If the Trial Chamber finds the accused guilty of a
crime and concludes from the evidence that unlawful taking
of property by the accused was associated with it, it shall
make a specific finding to that effect in its judgement.
The Trial Chamber may order restitution as provided in
Rule 105.
(C) The judgement shall be rendered by a majority of the
Judges. It shall be accompanied or followed as soon as
possible by a reasoned opinion in writing, to which separate
or dissenting opinions may be appended.
(D) A copy of the judgement and of the Judges’ opinions
in a language which the accused understands shall as soon
as possible be served on the accused if in custody. Copies
thereof in that language and in the language in which they
were delivered shall also as soon as possible be provided
to counsel for the accused.
Rule
99
Status of the Acquitted Person
(Adopted 11 Feb 1994, revised 12 Nov 1997)
(A) Subject to paragraph (B), in the case of an acquittal
or the upholding of a challenge to jurisdiction, the accused
shall be released immediately. (Amended 12 Apr 2001)
(B) If, at the time the judgement is pronounced, the Prosecutor
advises the Trial Chamber in open court of the Prosecutor’s
intention to file notice of appeal pursuant to Rule 108,
the Trial Chamber may, on application in that behalf by
the Prosecutor and upon hearing the parties, in its discretion,
issue an order for the continued detention of the accused,
pending the determination of the appeal. (Amended 10 July
1998)
Section
5 : Sentencing and Penalties
Rule
100
Sentencing Procedure on a Guilty Plea
(Adopted 11 Feb 1994, amended 10 July 1998)
(A) If the Trial Chamber convicts the accused on a guilty
plea, the Prosecutor and the defence may submit any relevant
information that may assist the Trial Chamber in determining
an appropriate sentence. (Amended 25 June 1996 and 5 July
1996)
(B) The sentence shall be pronounced in a judgement in
public and in the presence of the convicted person, subject
to Rule 102 (B).
Rule
101
Penalties
(Adopted 11 Feb 1994, amended 10 July 1998, amended
1 Dec 2000 and 13 Dec 2000)
(A) A convicted person may be sentenced to imprisonment
for a term up to and including the remainder of the convicted
person’s life. (Revised 12 Nov 1997)
(B) In determining the sentence, the Trial Chamber shall
take into account the factors mentioned in Article 24,
paragraph 2, of the Statute, as well as such factors as:
(i) any aggravating circumstances;
(ii) any mitigating circumstances including the substantial
cooperation with the Prosecutor by the convicted person
before or after conviction;
(iii) the general practice regarding prison sentences
in the courts of the former Yugoslavia;
(iv) the extent to which any penalty imposed by a court
of any State on the convicted person for the same act
has already been served, as referred to in Article 10,
paragraph 3, of the Statute.
(Revised 30 Jan 1995, amended 10 July 1998)
(Amended 10 July 1998)
(C) Credit shall be given to the convicted person for
the period, if any, during which the convicted person was
detained in custody pending surrender to the Tribunal or
pending trial or appeal. (Revised 30 Jan 1995)
Rule
102
Status of the Convicted Person
(Adopted 11 Feb 1994)
(A) The sentence shall begin to run from the day it is
pronounced. However, as soon as notice of appeal is given,
the enforcement of the judgement shall thereupon be stayed
until the decision on the appeal has been delivered, the
convicted person meanwhile remaining in detention, as provided
in Rule 64. (Amended 10 July 1998)
(B) If, by a previous decision of the Trial Chamber, the
convicted person has been released, or is for any other
reason at liberty, and is not present when the judgement
is pronounced, the Trial Chamber shall issue a warrant
for the convicted person’s arrest. On arrest, the
convicted person shall be notified of the conviction and
sentence, and the procedure provided in Rule 103 shall
be followed. (Revised 12 Nov 1997)
Rule
103
Place of Imprisonment
(Adopted 11 Feb 1994)
(A) Imprisonment shall be served in a State designated
by the President of the Tribunal from a list of States
which have indicated their willingness to accept convicted
persons. (Amended 10 July 1998)
(B) Transfer of the convicted person to that State shall
be effected as soon as possible after the time-limit for
appeal has elapsed.
(C) Pending the finalisation of arrangements for his or
her transfer to the State where his or her sentence will
be served, the convicted person shall remain in the custody
of the Tribunal. (Amended 4 Dec 1998)
Rule
104
Supervision of Imprisonment
(Adopted 11 Feb 1994)
All sentences of imprisonment shall be supervised by
the Tribunal or a body designated by it.
Rule
105
Restitution of Property
(Adopted 11 Feb 1994)
(A) After a judgement of conviction containing a specific
finding as provided in Rule 98 ter (B), the Trial
Chamber shall, at the request of the Prosecutor, or may, proprio
motu, hold a special hearing to determine the matter
of the restitution of the property or the proceeds thereof,
and may in the meantime order such provisional measures
for the preservation and protection of the property or
proceeds as it considers appropriate. (Amended 25 July
1997, amended 10 July 1998, amended 12 Apr 2001)
(B) The determination may extend to such property or its
proceeds, even in the hands of third parties not otherwise
connected with the crime of which the convicted person
has been found guilty.
(C) Such third parties shall be summoned before the Trial
Chamber and be given an opportunity to justify their claim
to the property or its proceeds.
(D) Should the Trial Chamber be able to determine the
rightful owner on the balance of probabilities, it shall
order the restitution either of the property or the proceeds
or make such other order as it may deem appropriate. (Revised
30 Jan 1995)
(E) Should the Trial Chamber not be able to determine
ownership, it shall notify the competent national authorities
and request them so to determine.
(F) Upon notice from the national authorities that an
affirmative determination has been made, the Trial Chamber
shall order the restitution either of the property or the
proceeds or make such other order as it may deem appropriate.
(Revised 30 Jan 1995)
(G) The Registrar shall transmit to the competent national
authorities any summonses, orders and requests issued by
a Trial Chamber pursuant to paragraphs (C), (D), (E) and
(F). (Revised 30 Jan 1995, amended 12 Apr 2001)
Rule
106
Compensation to Victims
(Adopted 11 Feb 1994)
(A) The Registrar shall transmit to the competent authorities
of the States concerned the judgement finding the accused
guilty of a crime which has caused injury to a victim.
(B) Pursuant to the relevant national legislation, a victim
or persons claiming through the victim may bring an action
in a national court or other competent body to obtain compensation.
(Revised 12 Nov 1997)
(C) For the purposes of a claim made under paragraph (B)
the judgement of the Tribunal shall be final and binding
as to the criminal responsibility of the convicted person
for such injury. (Amended 12 Apr 2001)
PART
SEVEN
APPELLATE PROCEEDINGS
Rule
107
General Provision
(Adopted 11 Feb 1994)
The rules of procedure and evidence that govern proceedings
in the Trial Chambers shall apply mutatis mutandis to
proceedings in the Appeals Chamber.
Rule
108
Notice of Appeal
(Adopted 11 Feb 1994, revised 30 Jan 1995, amended 25
July 1997, revised 12 Nov 1997, amended 10 July 1998, amended
2 July 1999, amended 17 Nov 1999, amended 13 Dec 2001)
A party seeking to appeal a judgement shall, not more than
thirty days from the date on which the judgement was pronounced,
file a notice of appeal, setting forth the grounds. The Appellant
should also identify the order, decision or ruling challenged
with specific reference to the date of its filing, and/or
the transcript page, and indicate the substance of the alleged
errors and the relief sought. The Appeals Chamber may, on
good cause being shown by motion, authorise a variation of
the grounds of appeal.
Rule
108 bis
State Request for Review
(Adopted 25 July 1997)
(A) A State directly affected by an interlocutory decision
of a Trial Chamber may, within fifteen days from the date
of the decision, file a request for review of the decision
by the Appeals Chamber if that decision concerns issues
of general importance relating to the powers of the Tribunal.
(Amended 2 July 1999)
(B) The party upon whose motion the Trial Chamber issued
the impugned decision shall be heard by the Appeals Chamber.
The other party may be heard if the Appeals Chamber considers
that the interests of justice so require. (Amended 17 Nov
1999)
(C) The Appeals Chamber may at any stage suspend the execution
of the impugned decision. (Amended 17 Nov 1999)
(D) Rule 116 bis shall apply mutatis mutandis.
Rule
109
Record on Appeal
(Adopted 11 Feb 1994, revised 12 Nov 1997, amended 1
Dec 2000 and 13 Dec 2000)
The record on appeal shall consist of the trial record,
as certified by the Registrar.
Rule
110
Copies of Record
(Adopted 11 Feb 1994)
The Registrar shall make a sufficient number of copies
of the record on appeal for the use of the Judges of the
Appeals Chamber and of the parties.
Rule
111
Appellant's Brief
(Adopted 11 Feb 1994, revised 12 Nov 1997, amended 10
July 1998, amended 17 Nov 1999, amended 13 Dec 2001)
An Appellant's brief setting out all the arguments and
authorities shall be filed within seventy-five days of filing
of the notice of appeal pursuant to Rule 108.
Rule
112
Respondent's Brief
(Adopted 11 Feb 1994, amended 17 Nov 1999, amended 13
Dec 2001)
A Respondent's brief of argument and authorities shall
be filed within forty days of the filing of the Appellant's
brief.
Rule
113
Brief in Reply
(Adopted 11 Feb 1994)
An Appellant may file a brief in reply within fifteen
days after the filing of the Respondent's brief.
Rule
114
Date of Hearing
(Adopted 11 Feb 1994)
After the expiry of the time-limits for filing the briefs
provided for in
Rules 111, 112 and 113, the Appeals Chamber shall set the date for the
hearing and the Registrar shall notify the parties.
Rule
115
Additional Evidence
(Adopted 11 Feb 1994, amended 12 July 2002)
(A) A party may apply by motion to present additional
evidence before the Appeals Chamber. Such motion shall
clearly identify with precision the specific finding of
fact made by the Trial Chamber to which the additional
evidence is directed, and must be served on the other party
and filed with the Registrar not later than seventy-five
days from the date of the judgement, unless good cause
is shown for further delay. Rebuttal material may be presented
by any party affected by the motion. (Amended 30 Sept 2002)
(B) If the Appeals Chamber finds that the additional evidence
was not available at trial and is relevant and credible,
it will determine if it could have been a decisive factor
in reaching the decision at trial. If it could have been
such a factor, the Appeals Chamber will consider the additional
evidence and any rebuttal material along with that already
on the record to arrive at a final judgement in accordance
with Rule 117.
(C) The Appeals Chamber may decide the motion prior to
the appeal, or at the time of the hearing on appeal. It
may decide the motion with or without an oral hearing.
(D) If several defendants are parties to the appeal, the
additional evidence admitted on behalf of any one of them
will be considered with respect to all of them, where relevant.
Rule 116
[Deleted]
(Adopted 11 Feb 1994, deleted 12 Nov 1997)
Rule
116 bis
Expedited Appeals Procedure
(Adopted 30 Jan 1995, amended 17 Nov 1999, amended 1
Dec 2000 and 13 Dec 2000)
(A) An appeal under Rule 72 or Rule 73 or appeal from
a decision rendered under Rule 54 bis, Rule 65,
Rule 77 or Rule 91 shall be heard expeditiously on the
basis of the original record of the Trial Chamber. Appeals
may be determined entirely on the basis of written briefs.
(Revised 12 Nov 1997, amended 17 Nov 1999, amended 14 July
2000, amended 1 Dec 2000 and 13 Dec 2000, amended 13 Dec
2001)
(B) Rules 109 to 114 shall not apply to such appeals.
(C) The Presiding Judge, after consulting the members
of the Appeals Chamber, may decide not to apply Rule 117
(D). (Amended 25 July 1997, amended 17 Nov 1999, amended
1 Dec 2000 and 13 Dec 2000)
Rule
117
Judgement on Appeal
(Adopted 11 Feb 1994)
(A) The Appeals Chamber shall pronounce judgement on the
basis of the record on appeal together with such additional
evidence as has been presented to it.
(B) The judgement shall be rendered by a majority of the
Judges. It shall be accompanied or followed as soon as
possible by a reasoned opinion in writing, to which separate
or dissenting opinions may be appended.(Revised 30 Jan
1995)
(C) In appropriate circumstances the Appeals Chamber may
order that the accused be retried according to law. (Revised
30 Jan 1995)
(D) The judgement shall be pronounced in public, on a
date of which notice shall have been given to the parties
and counsel and at which they shall be entitled to be present.
(Revised 30 Jan 1995)
Rule
118
Status of the Accused following Appeal
(Adopted 11 Feb 1994)
(A) A sentence pronounced by the Appeals Chamber shall
be enforced immediately.
(B) Where the accused is not present when the judgement
is due to be delivered, either as having been acquitted
on all charges or as a result of an order issued pursuant
to Rule 65, or for any other reason, the Appeals Chamber
may deliver its judgement in the absence of the accused
and shall, unless it pronounces an acquittal, order the
arrest or surrender of the accused to the Tribunal. (Revised
12 Nov 1997)
PART
EIGHT
REVIEW PROCEEDINGS
Rule
119
Request for Review
(Adopted 11 Feb 1994)
(A) Where a new fact has been discovered which was not
known to the moving party at the time of the proceedings
before a Trial Chamber or the Appeals Chamber, and could
not have been discovered through the exercise of due diligence,
the defence or, within one year after the final judgement
has been pronounced, the Prosecutor, may make a motion
to that Chamber for review of the judgement. If, at the
time of the request for review, any of the Judges who constituted
the original Chamber are no longer Judges of the Tribunal,
the President shall appoint a Judge or Judges in their
place. (Amended 12 July 2001)
(B) Any brief in response to a request for review shall
be filed within forty days of the filing of the request.
(Amended 12 July 2002)
(C) Any brief in reply shall be filed within fifteen days
after the filing of the response. (Amended 12 July 2002)
Rule
120
Preliminary Examination
(Adopted 11 Feb 1994, amended 12 July 2001)
If a majority of Judges of the Chamber constituted pursuant
to Rule 119 agree that the new fact, if proved, could have
been a decisive factor in reaching a decision, the Chamber
shall review the judgement, and pronounce a further judgement
after hearing the parties.
Rule
121
Appeals
(Adopted 11 Feb 1994)
The judgement of a Trial Chamber on review may be appealed
in accordance with the provisions of Part Seven.
Rule
122
Return of Case to Trial Chamber
(Adopted 11 Feb 1994)
If the judgement to be reviewed is under appeal at the
time the motion for review is filed, the Appeals Chamber
may return the case to the Trial Chamber for disposition
of the motion.
PART
NINE
PARDON AND COMMUTATION OF SENTENCE
Rule
123
Notification by States
(Adopted 11 Feb 1994, amended 5 May 1994, revised 12
Nov 1997)
If, according to the law of the State of imprisonment,
a convicted person is eligible for pardon or commutation
of sentence, the State shall, in accordance with Article
28 of the Statute, notify the Tribunal of such eligibility.
Rule
124
Determination by the President
(Adopted 11 Feb 1994, amended 12 Apr 2001, amended 11
Feb 2005)
The President shall, upon such notice, determine, in consultation
with the members of the Bureau and any permanent Judges of
the sentencing Chamber who remain Judges of the Tribunal,
whether pardon or commutation is appropriate.
Rule
125
General Standards for Granting Pardon or Commutation
(Adopted 11 Feb 1994)
In determining whether pardon or commutation is appropriate,
the President shall take into account, inter alia, the gravity
of the crime or crimes for which the prisoner was convicted,
the treatment of similarly-situated prisoners, the prisoner's
demonstration of rehabilitation, as well as any substantial
cooperation of the prisoner with the Prosecutor.
PART
TEN
TIME
Rule
126
General Provisions
(Adopted 12 Nov 1997, amended 13 Dec 2001)
(A) Where the time prescribed by or under these Rules
for the doing of any act is to run as from the occurrence
of an event, that time shall begin to run as from the date
of the event.
(B) Should the last day of a time prescribed by a Rule
or directed by a Chamber fall upon a day when the Registry
of the Tribunal does not accept documents for filing it
shall be considered as falling on the first day thereafter
when the Registry does accept documents for filing. (Amended
12 July 2002)
Rule
126 bis
Time for Filing Responses to Motions
(Adopted 13 Dec 2001)
Unless otherwise ordered by a Chamber either generally or
in the particular case, a response, if any, to a motion filed
by a party shall be filed within fourteen days of the filing
of the motion. A reply to the response, if any, shall be
filed within seven days of the filing of the response, with
the leave of the relevant Chamber.
Rule
127
Variation of Time-limits
(Adopted 12 Nov 1997)
(A) Save as provided by paragraph (C), a Trial Chamber
may, on good cause being shown by motion,
(i) enlarge or reduce any time prescribed by or under
these Rules;
(ii) recognize as validly done any act done after the
expiration of a time so prescribed on such terms, if
any, as is thought just and whether or not that time
has already expired.
(Amended 1 Dec 2000 and 13 Dec 2000)
(B) In relation to any step falling to be taken in connection
with an appeal, the Appeals Chamber may exercise the like
power as is conferred by paragraph (A) and in like manner
and subject to the same conditions as are therein set out.
(Amended 1 Dec 2000 and 13 Dec 2000, amended 21 July 2005)
(C) This Rule shall not apply to the times prescribed
in Rules 40 bis and 90 bis.
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