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)

1. 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.

2. 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,