SECURITY COUNCIL DECIDES TO ESTABLISH THIRD TRIAL CHAMBER OF INTERNATIONAL TRIBUNAL FOR RWANDA

30 April 1998

Press Release
SC/6510

SECURITY COUNCIL DECIDES TO ESTABLISH THIRD TRIAL CHAMBER OF INTERNATIONAL TRIBUNAL FOR RWANDA

19980430 Unanimously Adopting Resolution 1165 (1998), Council Amends Three Articles of Tribunal's Statute

The Security Council this afternoon decided to establish a third Trial Chamber of the International Criminal Tribunal for Rwanda and, towards that end, amended articles 10, 11 and 12 of the Tribunal's statute and replace them with provisions set out in an annex to the text. The articles cover the organization of the Tribunal, composition of its Chambers and qualification and election of judges respectively.

Acting under chapter VII, the Council unanimously adopted resolution 1165 (1998), by which it also decided to hold elections for the judges of the three Trial Chambers for a term of office to expire on 24 May 2003. The date of the elections was not specified. The Tribunal was established by resolution 955 (1994), by which it adopted the Tribunal's statute and expressly reserved the possibility of increasing the number of judges and Trial Chambers should this become necessary. The 32-article statute provides for two Trial Chambers. The seat of the Tribunal is at Arusha, United Republic of Tanzania.

The new draft article 10 -- organization of the Tribunal -- states that the Tribunal's organs shall consist of the Chambers, comprising three Trial Chambers and an Appeals Chamber; the Prosecutor; and a Registry.

Under the new article 11, the Chambers shall be composed of 14 independent judges, no two of whom may be nationals of the same State, who shall serve as follows: three judges in each of the Trial Chambers; and five judges in the Appeals Chamber. Previously, the statute provided for 11 judges, with three serving in each of the trial Chambers, and five in the Appeals Chamber.

A provision of article 12 -- qualification and election of judges -- as amended, states that from the nominations received, the Security Council shall establish a list of not less than 18 and not more than 27 candidates, taking

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due account of adequate representation of the principal legal systems of the world. The previous provision was for "a list of not less than twelve and not more than eighteen candidates....". Article 12 (d) is also amended to have the General Assembly elect, from the list drawn up by the Security Council, nine judges instead of six, to serve in the Trial Chambers. Judges are elected by the Security Council and the General Assembly.

As an exceptional measure to enable the third Trial Chamber to begin to function at the earliest possible date and without prejudice to article 12, paragraph 5 of the Tribunal's statute, the Council decided that three newly elected judges, designated by the Secretary-General in consultation with the President of the International Tribunal, shall commence their term of office as soon as possible following the elections.

Paragraph 5 of the Tribunal's statute provides that the judges of the Trial Chambers shall be elected for a term of four years and be eligible for re-election. The terms and conditions of service shall be those of the judges of the International Tribunal for the Former Yugoslavia.

By the terms of the resolution, all States shall be urged to cooperate fully with the International Tribunal for Rwanda and its organs in accordance with resolution 955 (1994). The Council welcomed the cooperation already extended to the Tribunal in the fulfillment of its mandate.

The Council also urged the organs of the Tribunal actively to continue their efforts to increase further the efficiency of the Tribunal's work in their respective areas, and invited them to consider how their respective procedures and work methods could be enhanced, taking into account relevant recommendations.

The Secretary-General was requested to make practical arrangements for the elections of the judges and for enhancing the effective functioning of the Tribunal, including the timely provision of personnel and facilities, in particular, for the third Trial Chamber and related offices of the Prosecutor. He was further requested to keep the Council informed of progress.

The Tribunal's Registry has estimated the costs of establishing the third Chamber at $5,582,000 million for the year 1998.

The representative of the United States said trials must be completed and justice rendered in a timely manner. The effort to bring to justice those responsible for crimes against humanity was equally urgent in the former Yugoslavia and in Cambodia. The United States was working to expand the International Criminal Tribunal for the Former Yugoslavia and to establish a tribunal to bring to justice senior Cambodian Khmer Rouge leaders during the period 1975-1979.

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Costa Rica supported the establishment of a standing international criminal court as the current International Tribunals were ad hoc measures, according to its representative. He acknowledged the Rwanda Tribunal's efforts to improve efficiency, but believed that its procedures, working methods and coordination with the Registrar could be improved.

By establishing the International Criminal Tribunal for Rwanda, the international community had signalled its willingness to deal with the aftermath of the genocide, Sweden's representative said. The creation of the third Trial Chamber should be matched by continued efforts on the part of all the Tribunal's organs to improve efficiency.

The representative of Japan said that the Tribunal could serve to demonstrate to the Rwandan people that emotional acts of revenge and retribution would only feed further destructive enmities. Peace could persevere only if it was accompanied with justice, based on the rule of law and respect for the human rights of all. While simply creating the third Trial Chamber would not cure the Tribunal of its present deficiencies and restore its full potential, he hoped that the additional Chamber would enable the Tribunal to function more effectively.

Other statements were made by the United Kingdom (on behalf of the European Union and associated States), Portugal, Slovenia, Kenya, Brazil, China, Bahrain, Gabon, France, Russian Federation and Gambia.

The meeting, which began at 12:43 p.m., adjourned at 1:34 p.m.

Council Work Programme

The Security Council met this afternoon to consider the International Criminal Tribunal for Rwanda. It had before it a letter from the Secretary- General, dated 15 October 1997, to the Presidents of the Security Council and of the General Assembly (document A/52/504-S/1997/812). The Secretary-General refers to a recommendation of the Tribunal President, contained in a letter annexed to the document, that a third Trial Chamber, staffed by three additional judges, be established. By resolution 955 (1994), which incorporates the statute of the Tribunal, the Council established two Trial Chambers, and expressly reserved the possibility of increasing the number of judges and Trial Chambers should this become necessary. The Registry of the Tribunal estimated the costs of establishing the third Trial Chamber at $5,582,000 for the year 1998.

The Tribunal President states that a cursory assessment shows that it would take at least 88 months to conclude the trials of the persons detained in Arusha alone. It will be difficult, if not impossible, for the Tribunal to judge all the detainees between now and the end of its mandate in May 1999, if it is to continue with only six judges. There is an overwhelming necessity to increase the number of judges, in order to compose a third Trial Chamber, he added.

Draft Resolution

Also before the Council is a draft resolution (document S/1998/353), sponsored by Costa Rica, France, Gambia, Kenya, Portugal, Slovenia, Sweden and the United States, the text of which reads as follows:

"The Security Council,

"Reaffirming its resolution 955 (1994) of 8 November 1994,

"Recalling its decision in that resolution to consider increasing the number of judges and Trial Chambers of the International Tribunal for Rwanda if it becomes necessary,

"Remaining convinced that in the particular circumstances of Rwanda, the prosecution of persons responsible for serious violations of international humanitarian law will contribute to the process of national reconciliation and to the restoration and maintenance of peace in Rwanda and in the region,

"Stressing the need for international cooperation to strengthen the courts and judicial system of Rwanda, having regard in particular to the necessity for those courts to deal with a large number of accused awaiting trial,

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"Having considered the letter of the President of the International Tribunal for Rwanda, transmitted by identical letters from the Secretary- General to the Presidents of the Security Council and the General Assembly dated 15 October 1997 (S/1997/812),

"Convinced of the need to increase the number of judges and Trial Chambers, in order to enable the International Tribunal for Rwanda to try without delay the large number of accused awaiting trial,

"Noting the progress being made in improving the efficient functioning of the International Tribunal for Rwanda, and convinced of the need for its organs to continue their efforts to further such progress,

"Acting under Chapter VII of the Charter of the United Nations,

"1. Decides to establish a third Trial Chamber of the International Tribunal for Rwanda, and to this end decides to amend articles 10, 11 and 12 of the Statute of the Tribunal and to replace those articles with the provisions set out in the annex to this resolution;

"2. Decides that the elections for the judges of the three Trial Chambers shall be held together, for a term of office to expire on 24 May 2003;

"3. Decides that, as an exceptional measure to enable the third Trial Chamber to begin to function at the earliest possible date and without prejudice to Article 12, paragraph 5, of the Statute of the International Tribunal for Rwanda, three newly elected judges, designated by the Secretary- General in consultation with the President of the International Tribunal, shall commence their term of office as soon as possible following the elections;

"4. Urges all States to cooperate fully with the International Tribunal for Rwanda and its organs in accordance with resolution 955 (1994), and welcomes the cooperation already extended to the International Tribunal in the fulfilment of its mandate;

"5. Urges also the organs of the International Tribunal for Rwanda actively to continue their efforts to increase further the efficiency of the work of the International Tribunal in their respective areas and in this connection further calls upon them to consider how their procedures and methods of work could be enhanced, taking into account relevant recommendations in this regard;

"6. Requests the Secretary-General to make practical arrangements for the elections mentioned in paragraph 2 above and for enhancing the effective functioning of the International Tribunal for Rwanda, including the timely

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provision of personnel and facilities, in particular for the third Trial Chamber and related offices of the Prosecutor, and further requests him to keep the Security Council closely informed of progress in this regard;

"7. Decides to remain actively seized of the matter."

"ANNEX

STATUTE OF THE INTERNATIONAL TRIBUNAL FOR RWANDA

...

Article 10

Organization of the International Tribunal for Rwanda

The International Tribunal for Rwanda shall consist of the following organs:

(a) The Chambers, comprising three Trial Chambers and an Appeals Chamber;

(b) The Prosecutor;

(c) A Registry.

Article 11

Composition of the Chambers

The Chambers shall be composed of fourteen independent judges, no two of whom may be nationals of the same State, who shall serve as follows:

(a) Three judges shall serve in each of the Trial Chambers;

(b) Five judges shall serve in the Appeals Chamber.

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Article 12

Qualification and election of judges

1. The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. In the overall composition of the Chambers due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

2. The members of the Appeals Chamber 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 (hereinafter referred to as "the International Tribunal for the Former Yugoslavia") shall also serve as the members of the Appeals Chamber of the International Tribunal for Rwanda.

3. The judges of the Trial Chambers of the International Tribunal for Rwanda shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

(a) The Secretary-General shall invite nominations for judges of the Trial Chambers from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;

(b) Within thirty days of the date of the invitation of the Secretary- General, each State may nominate up to two candidates meeting the qualifications set out in paragraph 1 above, no two of whom shall be of the same nationality and neither of whom shall be of the same nationality as any judge on the Appeals Chamber;

(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received, the Security Council shall establish a list of not less than eighteen and not more than twenty- seven candidates, taking due account of adequate representation on the International Tribunal for Rwanda of the principal legal systems of the world;

(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list, the General Assembly shall elect the nine judges of the Trial Chambers. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected. Should two candidates of the same nationality obtain the required majority vote, the one who received the higher number of votes shall be considered elected.

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4. In the event of a vacancy in the Trial Chambers, after consultation with the Presidents of the Security Council and the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of paragraph 1 above, for the remainder of the term of office concerned.

5. The judges of the Trial Chambers shall be elected for a term of four years. The terms and conditions of service shall be those of the judges of the International Tribunal for the Former Yugoslavia. They shall be eligible for re-election."

Statements

SIR JOHN WESTON (United Kingdom), spoke on behalf of the European Union and Bulgaria, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, Cyprus and Norway. He said the establishment of the International Tribunal in 1994 reflected the belief of the international community that the prosecution of the perpetrators of genocide and other serious crimes would prevent their repetition, and that justice should be seen to prevail.

He said the European Union had cooperated closely with the Tribunal, through the arrest and transfer of suspects to it; through voluntary contributions to the Trust Fund, in surplus of assessed contributions; and through the provision of staff. The European Union reiterated its strong support for the Rwanda Tribunal as it discharged its difficult and important mandate, which was essential for national reconciliation and prevention of future conflicts. In order to administer justice promptly and fairly, the Tribunal must be able to function efficiently.

HANS DAHLGREN (Sweden) said it was now four years since the genocide in Rwanda, in which a million people had been killed. The Secretary-General, in his recent report on Africa, had highlighted the international community's failure to prevent the genocide in Rwanda. The genocide had showed the importance of bringing those responsible to justice, and doing everything to prevent the atrocities of 1994 from occurring again. The establishment of the International Criminal Tribunal was an important indication of the international community's willingness to deal with the aftermath of the genocide. It was important that Rwanda's national judicial system was strengthened in parallel with the Tribunal's continued work.

Sweden felt strongly the need to take an initiative in the Council to strengthen the Tribunal by adding a third Trial Chamber, he said. He hoped the Council's response to the Tribunal's request for three additional judges would contribute to peace and stability in Rwanda. The establishment of the third Chamber should be matched by continued efforts on the part of all the Tribunal's organs to improve the efficiency of their work. That third Chamber must be given the resources it needed to function efficiently. He welcomed

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the cooperation which had been extended to the Tribunal, and hoped all States would continue to cooperate with it.

ANA MARTINS GOMES (Portugal) said the Tribunal had been established to prosecute those responsible for genocide and other violations of humanitarian and human rights law. The Tribunal's creation was part of the international community's response to the tragedies in the Great Lakes region of Africa, but was primarily meant to redress the blatant violations of human rights. Those accused must be tried fairly and promptly. The high number of people detained and awaiting trial was a source of concern. Justice delayed was justice denied. The Council must continue to provide those involved in the Tribunal with the resources needed to fulfil their tasks. The third Trial Chamber was an important contribution to redressing the horrifying tragedy.

DANILO TÜRK (Slovenia) said the Tribunal's work was crucial for national reconciliation and liberation of the people of Rwanda from past traumas, and for the stabilization of the whole Great Lakes region. The Tribunal should be provided with appropriate means to fulfil its mandate. The waiting periods in the pre-trial detention had become too long. There was a danger that international standards of due process would not be fully observed. He stressed the importance of the Covenant on Civil and Political Rights, which provided for the right of the accused to be tried without undue delay.

The Tribunal had to be given the opportunity to render justice fairly and swiftly, in order to meet international standards, as well as the expectations of Rwandans and of the international community. Slovenia supported the establishment of the third Trial Chamber.

NJUGUNA M. MAHUGU (Kenya) said Kenya had handed over to the Tribunal nine key suspects. The activities of the Tribunal had increased. The Tribunal could not abdicate from meeting its statutory obligation of providing the accused persons with fair and expeditious trials. The Council's action today not only demonstrated its support for the Tribunal, but also its determination to help bring about and maintain international peace and security in the subregion. The decision to establish an additional Trial Chamber averted a crisis.

He said that it could not be denied that some aspects of the environment in which the Tribunal operated, including logistical and infrastructural limitations, as well as lack of adequate facilities, had contributed to the operational deficiencies experienced since its inception. Unless adequate financial and administrative resources were provided, the Tribunal would not be able to overcome those problems. The Council must ensure that the Tribunal was able to fully discharge its responsibilities without compromising on established standards of justice.

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MELVIN SAENZ BIOLLEY (Costa Rica) said that in countries where there had been domestic violence, impunity was a threat to peace, as it provoked victims to seek revenge and reinforced the arrogance of the aggressors. Costa Rica was pleased to cosponsor the resolution. His country could do nothing other than respond favourably to the Tribunal's request for a third Trial Chamber so that the detained and accused could be tried without delay. The Council's decision was simply a way to respect the fundamental rights of the accused.

Costa Rica acknowledged the Tribunal's efforts to improve efficiency, but believed that procedures, working methods and coordination with the Registrar could be improved, he said. The Tribunal needed cooperation from countries in the Great Lakes region, as well as the necessary financial and human resources. Stating that Costa Rica opposed the death penalty, he expressed concern about the execution of persons accused of genocide, and called upon authorities to hand down sentences in keeping with the highest standards of human rights. He expressed concern over the state of detention, and said that the legal rights of the accused must be given more consideration.

Criminal courts must be established only when States could not meet their responsibilities, he said. Costa Rica supported the establishment of an international criminal court. The International Criminal Tribunals established by the Council were temporary measures. Once the criminal court was established, the Council would never have to establish ad hoc courts again.

CELSO AMORIM (Brazil) said the genocide in Rwanda was one of the most tragic events of recent decades. There was a prevailing sense that the international community could have done more to prevent the massacres. Given the difficulties faced by Rwanda's judiciary system, the Tribunal had become an important tool for ensuring fair trials for those suspected of the genocide. The increased number of indicted persons justified the addition of a third Chamber. Brazil supported the Council's decision, which took account of the political factors involved and signalled to the Rwandan people that the international community was ready to assume its responsibilities in healing the wounds from 1994.

The Tribunal's clear commitment to enhancing its efficiency and improving its administrative practices had been a key element in enabling the consensus, he said. In view of Brazil's position concerning the death penalty, he hoped that an expanded and more efficient Tribunal would render executions as had taken place recently less likely.

SHEN GUOFANG (China) said that the International Tribunal for Rwanda had done some positive things to help stabilize the situation in Rwanda and the Great Lakes region. China understood the request by the Rwandan Government and some African countries concerned for the creation of a third Trial Chamber

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to expedite the trial process. He hoped it would further help in the stabilization of the situation in that region and promote national reconciliation in Rwanda. China would accordingly vote for the draft resolution.

He hoped that the Tribunal would take concrete steps to improve its efficiency. He reiterated that China's position on the establishment of the International Tribunals remained unchanged. Noting that the draft resolution mentioned Chapter VII of the Charter, he pointed out that it was only a technical repetition of Council resolution 955 (1994) which established the Rwanda Tribunal, and should not be a precedent for the future.

JASSIM M. BUALLAY (Bahrain) said that the main aim of the Tribunal was to bring to justice those responsible for genocide. He did not believe that anyone could forget the images transmitted by the media via television. The Tribunal was competent to try those who had violated international humanitarian law, even committing the crimes across Rwanda's borders. The Tribunal must continue its work and fulfil its responsibilities. The citizens of Rwanda were waiting for justice to be done. Bahrain favoured the creation of a third Trial Chamber so that the Tribunal could continue with its work, and those accused swiftly tried. It supported the draft.

DENIS DANGUE REWAKA (Gabon) recalled the Tribunal's establishment in 1994 to prosecute those responsible for genocide and violation of international humanitarian law. He said the Tribunal's establishment should help mitigate social tension and thereby serve as a warning to those who might be tempted to commit similar acts.

PASCAL TEIXEIRA DA SILVA (France) said the Council, in resolution 955 (1994) had entrusted the Tribunal with the mission of prosecuting, trying and punishing those responsible for the 1994 genocide. The members of the Tribunal were fulfilling their difficult responsibilities in an admirable manner. The President of the Tribunal had requested an increase in the number of judges, and the creation of a third Chamber. France supported that request, which had been envisaged by Council resolution 955, as perhaps being necessary in line with the growing number of cases under the Tribunal's work.

France would vote in favour of the draft, which it had co-sponsored, he said. The adopting of the resolution would demonstrate the Council's commitment to giving the Tribunal the resources it required to achieve justice. France had every confidence in the Tribunal's ability to fulfil its responsibilities. He hoped that the Council would also respond favourably to a request by the President of the International Criminal Tribunal for the Former Yugoslavia and increase that body's number of judges.

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SERGUEI KAREV (Russian Federation) said the work of the Tribunal was part of the general process of achieving national reconciliation in Rwanda. His delegation welcomed the President's request to create a third Chamber, which would assist in speeding up the trial process. For the Tribunal's effective functioning, further measures were needed to improve its procedures and address its dearth of personnel and technical resources. It was his delegation's understanding that the reference in the draft text to Chapter VII of the United Nations Charter was technical and would not set a precedent.

MAUDO TOURAY (Gambia) said the establishment of the Tribunal was a necessary measure for national reconciliation and the restoration of peace. The Government of Gambia valued fundamental rights, and especially the rights of the accused. The trials must be concluded with reasonable dispatch so the people of Rwanda could put their grief behind them and move forward.

It was now necessary to increase the number of judges and to create a third trial Chamber so that the accused could be tried without delay, he said. That decision would also eventually result in financial savings. He urged the members of the Tribunal to reconsider their working methods, with a view to enhancing them.

NANCY SODERBERG (United States) said the challenges of bringing the perpetrators of genocide to justice, addressing the issues of impunity and contributing to reconciliation in Rwanda still loomed large. The international Tribunal for Rwanda must carry out its mission more efficiently and more productively. Trials must be completed and justice rendered in a timely manner. Some of the recommendations of the Office of Internal Oversight Services for reform of the administration of the Tribunal and the practices of the Registry had been implemented. The United States remained deeply concerned that, despite those efforts at reform, serious problems remained. The Tribunal must continue to implement reform measures to improve its operations.

She said today's resolution expanded the Tribunal by adding another trial Chamber with three judges, who would be elected immediately. That expansion should enable the Tribunal to render prompt justice. Enlarging the Tribunal should not replace ongoing reform efforts. Enlargement and reform should be carried out at the same time, to enable the Tribunal to perform its important work more effectively. The effort to bring to justice those responsible for crimes against humanity was equally urgent in two other cases, the former Yugoslavia and in Cambodia. The United States was therefore working to expand in a similar way the International Criminal Tribunal for the Former Yugoslavia and to establish a tribunal to bring to justice senior Cambodian Khmer Rouge leaders during the period 1975-1979. The draft resolution currently before the Council was a reaffirmation of the international community's commitment to provide fair trials and just punishment to those who perpetrated genocide in Rwanda. The United States

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remained committed to holding those responsible for crimes against humanity accountable for their actions.

Council President HISASHI OWADA (Japan), speaking in his national capacity, said his delegation believed that the motives and goals for the Council's action in 1994 remained unchanged to this day. Concerned by reports that standard international judicial procedures had not been observed in Rwanda, the Council members today felt more strongly than ever that the Tribunal must provide a model mechanism for bringing criminals to justice. The significance of the Tribunal went beyond being just a judicial mechanism. Through its examples, it could show how a judicial system should function under the rule of law, assuring due process even to those accused of committing the most heinous crimes. Through its practice, the Tribunal could demonstrate to the Rwandan people that emotional acts of revenge and retribution would only feed further destructive enmities. Peace could persevere only if it was accompanied with justice, based on the rule of law and respect for the human rights of all.

Recognizing those significant roles and functions expected of the International Tribunal for Rwanda, Japan would vote in favour of the draft resolution. During the three-and-a-half years of its existence, the Tribunal had not always been successful in performing the functions expected of it in an exemplary manner. There were problems of an administrative and managerial nature that had been adversely affecting its effective functioning. Simply to create the third Trial Chamber would not be enough to cure the Tribunal of its present deficiencies and to restore its full potential. He hoped that the addition of the third Trial Chamber would enable the Tribunal to function more effectively.

Action on Draft

The Council then unanimously adopted the text as resolution 1165 (1998).

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