The United Nations (International Tribunal) (Former Yugoslavia) Order 1996

The Registry shall be responsible for the administration and servicing of the International Tribunal.

2

The Registry shall consist of a Registrar and such other staff as may be required.

3

The Registrar shall be appointed by the Secretary-General after consultation with the President of the International Tribunal. He or she shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Registrar shall be those of an Assistant Secretary-General of the United Nations.

4

The staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.

Article 18 — Investigation and preparation of indictment

1

The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organisations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed.

2

The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned.

3

If questioned, the suspect shall be entitled to be assisted by counsel of his own choice, including the right to have legal assistance assigned to him without payment by him in any such case if he does not have sufficient means to pay for it, as well as to necessary translation into and from a language he speaks and understands.

4

Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to a judge of the Trial Chamber.

Article 19 — Review of the indictment

1

The judge of the Trial Chamber to whom the indictment has been transmitted shall review it. If satisfied that a prima facie case has been established by the Prosecutor, he shall confirm the indictment. If not so satisfied, the indictment shall be dismissed.

2

Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial.

Article 20 — Commencement and conduct of trial proceedings

1

The Trial Chambers shall ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

2

A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the International Tribunal, be taken into custody, immediately informed of the charges against him and transferred to the International Tribunal.

3

The Trial Chamber shall read the indictment, satisfy itself that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Trial Chamber shall then set the date for trial.

4

The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with its rules of procedure and evidence.

Article 21 — Rights of the accused

1

All persons shall be equal before the International Tribunal.

2

In the determination of charges against him, the accused shall be entitled to a fair and public hearing, subject to article 22 of the Statute.

3

The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

4

In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:

• (a) to be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;

• (b) to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing;

• (c) to be tried without undue delay;

• (d) to be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficent means to pay for it;

• (e) to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

• (f) to have the free assistance of an interpreter if he cannot understand or speak the language used in the International Court;

• (g) not to be compelled to testify against himself or to confess guilt.

Article 22 — Protection of victims and witnesses

The International Tribunal shall provide in its rules of procedure and evidence for the protection of victims and witnesses. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim’s identity.

Article 23 — Judgement

1

The Trial Chambers shall pronounce judgements and impose sentences and penalties on persons convicted of serious violations of international humanitarian law.

2

The judgement shall be rendered by a majority of the judges of the Trial Chamber, and shall be delivered by the Trial Chamber in public. It shall be accompanied by a reasoned opinion in writing, to which separate or dissenting opinions may be appended.

Article 24 — Penalties

1

The penalty imposed by the Trial Chamber shall be limited to imprisonment. In determining the terms of imprisonment, the Trial Chambers shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia.

2

In imposing the sentences, the Trial Chambers shall take into account such factors as the gravity of the offence and the individual circumstances of the convicted person.

3

In addition to imprisonment, the Trial Chambers may order the return of any property and proceeds acquired by criminal conduct, including by means of duress, to their rightful owners.

Article 25 — Appellate proceedings

1

The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds:

• (a) an error on a question of law invalidating the decision; or

• (b) an error of fact which has occasioned a miscarriage of justice.

2

The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.

Article 26 — Review of proceedings

Where a new fact has been discovered which was not known at the time of the proceedings before the Trial Chambers or the Appeals Chamber and which could have been a decisive factor in reaching the decision, the convicted person or the Prosecutor may submit to the International Tribunal an application for review of the judgement.

Article 27 — Enforcement of sentences

Imprisonment shall be served in a State designated by the International Tribunal from a list of States which have indicated to the Security Council their willingness to accept convicted persons. Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to the supervision of the International Tribunal.

Article 28 — Pardon or commutation of sentences

If, pursuant to the applicable law of the State in which the convicted person is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the International Tribunal accordingly. The President of the International Tribunal, in consultation with the judges, shall decide the matter on the basis of the interests of justice and the general principles of law.

Article 29 — Cooperation and judicial assistance

1

States shall cooperate with the International Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law.

2

States shall comply without undue delay with any request for assistance or an order issued by a Trial Chamber, including, but not limited to:

• (a) the identification and location of persons;

• (b) the taking of testimony and the production of evidence;

• (c) the service of documents;

• (d) the arrest or detention of persons;

• (e) the surrender or the transfer of the accused to the International Tribunal.

Article 30 — The status, privileges and immunities of the International Tribunal

1

The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 shall apply to the International Tribunal, the judges, the Prosecutor and his staff, and the Registrar and his staff.

2

The judges, the Prosecutor and the Registrar shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with the international law.

3

The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities accorded to officials of the United Nations under articles V and VII of the Convention referred to in paragraph 1 of this article.

4

Other persons, including the accused, required at the seat of the International Tribunal shall be accorded such treatment as is necessary for the proper functioning of the International Tribunal.

Article 31 — Seat of the International Tribunal

The International Tribunal shall have its seat at The Hague.

Article 32 — Expenses of the International Tribunal

The expenses of the International Tribunal shall be borne by the regular budget of the United Nations in accordance with Article 17 of the Charter of the United Nations.

Article 33 — Working languages

The working languages of the International Tribunal shall be English and French.

Article 34 — Annual report

The President of the International Tribunal shall submit an annual report of the International Tribunal to the Security Council and to the General Assembly.

Signed

N. H. Nicholls — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order makes provision as respects the United Kingdom to implement a resolution of the Security Council of the United Nations relating to the former Yugoslavia.

The Order has effect for the purpose of enabling the United Kingdom to co-operate with 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 Resolution 827 (1993) of the Security Council of the United Nations (“International Tribunal”) in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.

Footnotes

[^f00001]: 1946 c. 45.

[^f00002]: 1952 c. 52.

[^f00003]: 1989 c. 45.

[^f00004]: 1953 c. 18 (N.I.).

[^f00005]: 1955 c. 18.

[^f00006]: 1955 c. 19.

[^f00007]: 1957 c. 53.

[^f00008]: 1989 c. 33.

[^f00009]: 1965 c. 45.

[^f00010]: 1960 c. 65; repealed in part by the Criminal Appeal Act 1968 (c. 19), section 54 and Schedule 7.

[^f00011]: 1976 c. 63; section 4 was amended by the Magistrates' Courts Act 1980 (c. 43), section 154(1) and Schedule 7 paragraph 145, and by the Criminal Justice Act 1991 (c. 53), section 100 and Schedule 11 paragraph 21.

[^f00012]: Section 2(2) was amended by the Extradition Act 1989 (c. 33), section 36(3).

[^f00013]: 1989 c. 33.

[^f00014]: 1965 c. 45.

[^f00015]: 1984 c. 60.

[^f00016]: S.I. 1989/1341 (N.I. 12).

[^f00017]: 1990 c. 5.

[^f00018]: S.I. 1974/1261, amended by S.I. 1975/1209.

[^f00019]: 1985 c. 23.

[^f00020]: 1988 c. 34.

[^f00021]: 1986 c. 47.

[^f00022]: 1995 c. 21.

[^f00023]: 1982 c. 16.

[^f00024]: 1968 c. 59.