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ORIGIN L-01
STATE
INFO
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/047R
DRAFTED BY: L/UNA:ETBLOOM
APPROVED BY: IO/UNP:JSNYDER
IO/UNR:OSTANTON
L:MMATHESON JCS:KROSS
AF/C:KAISTON
P:DGOLDWYN DOD/OGC:JMCNEILL
USUN/W:DSCHEFFER CIA:GJAMISON
NSC:ASENS, DRL:MALVAREZ
S/S: MNROBINSON,DOJ/OIA:MWARLOW,S/S-O:DCSTEWAFT
6E24D7 020007Z /38
P 012358Z SEP 94
FM SECSTATE WASHDC
TO USMISSION USUN NEW YORK PRIORITY
INFO UN SECURITY COUNCIL COLLECTIVE PRIORITY
AMEMBASSY THE HAGUE
USMISSION GENEVA
CONFIDENTIALSTATE 237220
PARIS FOR MORAN
E.O. 12356: DECL: OADR
TAGS: PREL, RW
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SUBJECT: RESOLUTION ESTABLISHING WAR CRIMES TRIBUNAL FOR
RWANDA
REF: 94 STATE 202027
1.
CONFIDENTIAL - ENTIRE TEXT.
2.
THIS IS AN ACTION MESSAGE.
3. PER REF, USG URGES THAT THE UNSC ESTABLISH A WAR
CRIMES TRIBUNAL FOR RWANDA, LINKED TO THE EXISTING
UNITED STATES DEPARTMENT OF STATE
REVIEW AUTHORITY: JOHN S BLODGETT
DATE/CASE ID: 28 NOV 2006 200103014
UNCLASSIFIED
CPR-02
H-01
NSAE-00
PRS-01
T-00
UNCLASSIFIED
YUGOSLAVIA TRIBUNAL, AS SOON AS POSSIBLE. AS SOON AS THE
UN COMMISSION OF EXPERTS ISSUES A REPORT (PERHAPS IN THE
FORM OF A LETTER OR INTERIM REPORT) CONFIRMING THAT
GENOCIDE OR OTHER WAR CRIMES HAVE BEEN COMMITTED IN
RWANDA, AND THE SYG CONVEYS THIS CONCLUSION TO THE
COUNCIL, WE BELIEVE THE COUNCIL SHOULD IMMEDIATELY AMEND
THE STATUTE OF THE YUGOSLAVIA TRIBUNAL TO INCLUDE RWANDA.
4. IN CONTEMPLATION OF ACTION BY THE COMMISSION, MISSION
IS REQUESTED TO DISCUSS THE DRAFT RESOLUTION, AND ANNEX
THERETO, AT PARA 5 WITH APPROPRIATE MISSIONS. MISSION MAY
USE BACKGROUND PAPER AT PARA 6 AS A NON-PAPER, AS WELL AS
TALKING POINTS ALONG THE LINES IN REFTEL.
5.
BEGIN TEXT OF DRAFT RESOLUTION AND ANNEX:
THE SECURITY COUNCIL,
REAFFIRMING ALL ITS PREVIOUS RESOLUTIONS ON THE SITUATION
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IN RWANDA,
STATE 237220 020003Z
HAVING CONSIDERED THE REPORT OF THE SECRETARY-GENERAL
PURSUANT TO PARAGRAPH 3 OF RESOLUTION 935 (1994) AND THE
REPORTS OF THE SPECIAL RAPPORTEUR FOR RWANDA OF THE UNITED
NATIONS HUMAN RIGHTS COMMISSION,
EXPRESSING APPRECIATION FOR THE WORK OF THE COMMISSION OF
EXPERTS ESTABLISHED P(RSUANT TO RESOLUTION 935 (1994), IN
PARTICULAR ITS INTERIM REPORT ON VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW IN RWANDA,
EXPRESSING ONCE AGAIN ITS GRAVE CONCERN AT THE CONTINUING
REPORTS INDICATING THAT SYSTEMATIC, WIDESPREAD AND
FLAGRANT VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW,
INCLUDING ACTS OF GENOCIDE, HAVE BEEN COMMITTED IN RWANDA,
DETERMINING THAT THIS SITUATION CONTINUES TO CONSTITUTE A
THREAT TO INTERNATIONAL PEACE AND SECURITY,
DETERMINED TO PUT AN END TO SUCH CRIMES AND TO TAKE
EFFECTIVE MEASURES TO BRING TO JUSTICE THE PERSONS WHO ARE
RESPONSIBLE FOR THEM,
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CONVINCED THAT IN THE PARTICULAR CIRCUMSTANCES OF RWANDA
THE PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW WOULD ENABLE
THIS AIM TO BE ACHIEVED AND WOULD CONTRIBUTE TO THE
RESTORATION AND MAINTENANCE OF PEACE,
BELIEVING THAT THE PROSECUTION OF PERSONS RESPONSIBLE FOR
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STATE 237220 020003Z
THE ABOVE-MENTIONED VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW WILL CONTRIBUTE TO ENSURING THAT SUCH
VIOLATIONS ARE HALTED AND EFFECTIVELY REDRESSED,
ACTING UNDER CHAPTER VII OF THE CHARTER OF THE UNITED
NATIONS,
1. DECIDES HEREBY TO EXTEND THE JURISDICTION OF THE
INTERNATIONAL TRIBUNAL CREATED PURSUANT TO RESOLUTIONS 808
(1993) AND 827 (1993) SO AS TO PROVIDE FOR THE PROSECUTION
OF PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW COMMITTED IN THE TERRITORY
OF RWANDA, OR IN STATES BORDERING RWANDA AND RELATED TO
THE CRISIS IN RWANDA, SINCE 6 APRIL 1994;
2. DECIDES ACCORDINGLY TO AMEND THE STATUTE OF THAT
INTERNATIONAL TRIBUNAL AS PROVIDED IN THE ATTACHED ANNEX;
3. DECIDES THAT ALL STATES SHALL COOPERATE FULLY WITH
THE INTERNATIONAL TRIBUNAL IN ACCORDANCE WITH THE PRESENT
RESOLUTION AND THE STATUTE OF THE INTERNATIONAL TRIBUNAL
AND THAT CONSEQUENTLY ALL STATES SHALL TAKE ANY MEASURES
NECESSARY UNDER THEIR DOMESTIC LAW TO IMPLEMENT THE
PROVISIONS OF THE PRESENT RESOLUTION AND THE STATUTE.
4. URGES STATES AND INTERGOVERNMENTAL AND
NON-GOVERNMENTAL ORGANIZATIONS TO CONTRIBUTE FUNDS,
EQUIPMENT AND SERVICES TO THE INTERNATIONAL TRIBUNAL,
INCLUDING THE OFFER OF EXPERT PERSONNEL, AS MAY BE NEEDED
TO FACILITATE SUCH PROSECUTIONS;
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STATE 237220 020003Z
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5. REQUESTS THE SECRETARY-GENERAL TO IMPLEMENT URGENTLY
THE PRESENT RESOLUTION AND IN PARTICULAR TO MAKE PRACTICAL
ARRANGEMENTS AS SOON AS POSSIBLE FOR A PROSECUTORIAL STAFF
FOR RWANDA UNDER THE OFFICE OF THE PROSECUTOR, FOR THE
EXPANSION OF THE REGISTRY STAFF TO MEET THE INCREASED
WORKLOAD, FOR THE ELECTION OF THE REQUIRED ADDITIONAL
JUDGES, AND ANY OTHER MEASURES TO ENSURE THAT THE
INTERNATIONAL TRIBUNAL RECEIVES SUFFICIENT SUPPORT AND
RESOURCES TO UNDERTAKE FULLY ITS RESPONSIBILITIES WITH
RESPECT TO BOTH THE FORMER YUGOSLAVIA AND RWANDA;
6. REQUESTS THE SECRETARY-GENERAL TO REPORT PERIODICALLY
TO THE COUNCIL ON THE IMPLEMENTATION OF THE MEASURES SET
FORTH IN PARAGRAPH 5 OF THIS RESOLUTION;
7. DECIDES THAT THE SEAT OF THE INTERNATIONAL TRIBUNAL
SHALL BE THE HAGUE SUBJECT TO THE CONCLUSION OF
APPROPRIATE ARRANGEMENTS BETWEEN THE UNITED NATIONS AND
THE NETHERLANDS ACCEPTABLE TO THE COUNCIL, AND THAT THE
INTERNATIONAL TRIBUNAL MAY SIT ELSEWHERE WHEN IT CONSIDERS
IT NECESSARY FOR THE EFFICIENT EXERCISE OF ITS FUNCTIONS;
8. REQUESTS THE TRIBUNAL TO AMEND ITS RULES OF PROCEDURE
AND EVIDENCE AND TO TAKE SUCH OTHER ACTIONS AS MAY BE
NECESSARY TO ACCOMMODATE THESE DECISIONS;
9.
DECIDES TO REMAIN ACTIVELY SEIZED OF THE MATTER.
ANNEX
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STATE 237220 020003Z
AMENDMENTS TO THE STATUTE OF THE INTERNATIONAL TRIBUNAL
(AS ADOPTED IN RESOLUTION 827)
1. THE PREAMBULAR PARAGRAPH IS AMENDED TO READ:
HAVING BEEN ESTABLISHED BY THE SECURITY COUNCIL ACTING
UNDER CHAPTER VII OF THE CHARTER OF THE UNITED NATIONS,
THE INTERNATIONAL TRIBUNAL FOR THE PROSECUTION OF PERSONS
RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW (HEREINAFTER REFERRED TO AS "THE
INTERNATIONAL TRIBUNAL") SHALL FUNCTION IN ACCORDANCE WITH
THE PROVISIONS OF THE PRESENT STATUTE.
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2. ARTICLE 1 IS AMENDED TO READ:
COMPETENCE OF THE INTERNATIONAL TRIBUNAL
THE INTERNATIONAL TRIBUNAL SHALL, IN ACCORDANCE WITH THE
PROVISIONS OF THE PRESENT STATUTE, HAVE THE POWER TO
PROSECUTE PERSONS RESPONSIBLE FOR SERIOUS VIOLATIONS OF
INTERNATIONAL HUMANITARIAN LAW COMMITTED: (1) IN THE
TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1 JANUARY 1991;
OR (2) IN THE TERRITORY OF RWANDA, OR IN STATES BORDERING
RWANDA AND RELATED TO THE CRISIS IN RWANDA, SINCE 6 APRIL
1994.
3. ARTICLE 2 IS AMENDED TO READ:
VIOLATIONS OF THE LAWS AND CUSTOMS OF WAR
THE INTERNATIONAL TRIBUNAL SHALL HAVE THE POWER TO
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STATE 237220 020003Z
PROSECUTE PERSONS COMMITTING OR ORDERING TO BE COMMITTED:
(1) SERIOUS VIOLATIONS OF ANY INTERNATIONAL AGREEMENT ON
THE LAWS OF WAR IN FORCE AT THE TIME OF THE ACTS IN
QUESTION IN THE TERRITORY IN WHICH THEY TOOK PLACE,
INCLUDING THE GENEVA CONVENTIONS OF 1949 AND THE
ADDITIONAL PROTOCOLS THERETO OF 1977; AND (2) SERIOUS
VIOLATIONS OF OTHER LAWS AND CUSTOMS OF WAR APPLICABLE TO
THE ACTS IN QUESTION.
4. ARTICLE 3 IS DELETED AND THE SUBSEQUENT ARTICLES
RENUMBERED.
5. THE CHAPEAU TO THE CURRENT ARTICLE 5 IS AMENDED TO
READ:
CRIMES AGAINST HUMANITY
THE INTERNATIONAL TRIBUNAL SHALL HAVE THE POWER TO
PROSECUTE PERSONS RESPONSIBLE FOR THE FOLLOWING CRIMES
WHEN COMMITTED AS PART OF A WIDESPREAD OR SYSTEMATIC
ATTACK AGAINST ANY CIVILIAN POPULATION ON NATIONAL,
POLITICAL, ETHNIC, RACIAL OR RELIGIOUS GROUNDS:
6. THE CURRENT ARTICLE 8 IS AMENDED TO READ:
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TERRITORIAL JURISDICTION
FOR PURPOSES OF THE TERRITORIAL JURISDICTION OF THE
INTERNATIONAL TRIBUNAL, REFERENCES TO TERRITORY OF A STATE
SHALL INCLUDE ITS LAND SURFACE, AIRSPACE AND TERRITORIAL
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WATERS.
STATE 237220 020003Z
7. PARAGRAPH 1 OF THE CURRENT ARTICLE 9 IS AMENDED TO
READ:
THE INTERNATIONAL TRIBUNAL AND NATIONAL COURTS SHALL HAVE
CONCURRENT JURISDICTION TO PROSECUTE PERSONS FOR SERIOUS
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED:
(1) IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1
JANUARY 1991; OR (2) IN THE TERRITORY OF RWANDA, OR IN
STATES BORDERING RWANDA AND RELATED TO THE CRISIS IN
RWANDA, SINCE 6 APRIL 1994.
B. PARAGRAPH (A) OF THE CURRENT ARTICLE 11 IS AMENDED TO
READ:
THE CHAMBERS, COMPRISING FOUR TRIAL CHAMBERS AND AN
APPEALS CHAMBER;
9. THE WORD "ELEVEN" IN THE CURRENT ARTICLE 12 IS AMENDED
TO "SEVENTEEN".
10. THE SECOND SENTENCE OF PARAGRAPH 2(C) OF THE CURRENT
ARTICLE 13 IS AMENDED TO READ:
FROM THE NOMINATIONS RECEIVED THE SECURITY COUNCIL SHALL
ESTABLISH A LIST OF NOT LESS THAN TWO TIMES AND NOT MORE
THAN THREE TIMES THE NUMBER OF JUDGES TO BE ELECTED,
TAKING DUE ACCOUNT OF THE ADEQUATE REPRESENTATION OF THE
PRINCIPAL LEGAL SYSTEMS OF THE WORLD;
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THE WORD "ELEVEN" IN PARAGRAPH 2(D) IS DELETED.
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11. PARAGRAPH 1 OF THE CURRENT ARTICLE 16 IS AMENDED TO
READ:
THE PROSECUTOR SHALL BE RESPONSIBLE FOR THE INVESTIGATION
AND PROSECUTION OF PERSONS RESPONSIBLE FOR SERIOUS
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW COMMITTED:
(1) IN THE TERRITORY OF THE FORMER YUGOSLAVIA SINCE 1
JANUARY 1991; OR (2) IN THE TERRITORY OF RWANDA, OR IN
STATES BORDERING RWANDA AND RELATED TO THE CRISIS IN
RWANDA, SINCE 6 APRIL 1994.
12. THE SECOND SENTENCE OF PARAGRAPH 1 OF THE CURRENT
ARTICLE 24 IS AMENDED TO READ:
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 OR RWANDA, AS THE CASE MAY BE.
END TEXT
5. BEGIN TEXT OF NON-PAPER
PROPOSAL OF THE UNITED STATES FOR AMENDMENT OF THE
STATUTE OF THE WAR CRIMES TRIBUNAL TO INCLUDE RWANDA
THE UNITED STATES STRONGLY SUPPORTS THE CREATION OF A
MECHANISM FOR THE INTERNATIONAL PROSECUTION OF PERSONS
RESPONSIBLE FOR SERIOUS VIOLATIONS OF INTERNATIONAL
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HUMANITARIAN LAW IN THE RECENT CONFLICT IN RWANDA. GIVEN
THE CONDITIONS IN RWANDA, WE BELIEVE THAT THE COUNCIL MUST
ACT QUICKLY; IF, AS MOST OBSERVERS BELIEVE IT WILL, THE
COMMISSION OF EXPERTS CONFIRMS THAT GENOCIDE OR OTHER
VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW HAVE OCCURRED
IN RWANDA, THE COUNCIL SHOULD ACT EXPEDITIOUSLY TO CREATE
SUCH A MECHANISM. FOR THE FOLLOWING REASONS, WE BELIEVE
THIS CAN BE MOST EFFECTIVELY DONE BY ADDING THIS
RESPONSIBILITY TO THE MANDATE OF THE CURRENT INTERNATIONAL
TRIBUNAL IN THE HAGUE:
-- IT IS IMPORTANT TO TREAT THE TWO SITUATIONS ON AN
EQUAL FOOTING, APPLYING THE SAME PRINCIPLES OF
INTERNATIONAL LAW AND THE SAME PROCEDURAL PROTECTIONS.
THIS IS BEST GUARANTEED BY DEALING WITH THE TWO SITUATIONS
UNCLASSIFIED
UNCLASSIFIED
UNDER THE SAME STATUTE AND RULES OF PROCEDURE.
-- IT IS ALSO IMPORTANT TO HAVE UNIFORMITY IN THE
APPLICATION OF THE LAW TO THE TWO SITUATIONS. THIS IS
BEST ENSURED BY HAVING COMMON TRIAL AND APPELLATE
CHAMBERS, WHICH WOULD HEAR CASES ARISING FROM BOTH
CONFLICTS.
-- IT WOULD BE USEFUL TO HAVE COMMON OVERALL DIRECTION OF
THE TWO PROSECUTION EFFORTS, SO AS TO ENCOURAGE EQUAL
TREATMENT, AN EFFICIENT MANAGEMENT OF THE WORKLOAD, AND
COORDINATED DEVELOPMENT OF COMMON LEGAL ISSUES. THIS IS
BEST DONE BY HAVING BOTH PROSECUTION TEAMS REPORT TO A
SINGLE CHIEF PROSECUTOR. (THIS WOULD ALSO AVOID THE NEED
FOR ANOTHER POTENTIALLY PROLONGED SEARCH FOR A SECOND
CHIEF PROSECUTOR.) WE BELIEVE A STRONG, EXPERIENCED
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STATE 237220 020003Z
PROSECUTOR SHOULD BE SELECTED TO HEAD UP THE RWANDA
PROSECUTION TEAM. AS PART OF HIS DUTIES, THE PROSECUTOR
WILL NEED TO WORK WITH THE RWANDAN GOVERNMENT TO DETERMINE
WHICH CASES MERIT INTERNATIONAL PROSECUTION, AND WHICH
CASES SHOULD BE SUBJECT TO DOMESTIC PROSECUTION.
-- IT IS IMPORTANT THAT THE YUGOSLAV TRIBUNAL IS NOT
JEOPARDIZED IN ANY WAY BY THE ESTABLISHMENT OF A NEW
TRIBUNAL. BOTH TRIBUNALS WILL THUS HAVE TO BE ADEQUATELY
FUNDED AND OTHERWISE SUPPORTED TO ENSURE THAT BOTH
OPERATIONS ARE ABLE TO CARRY OUT THEIR WORK EFFECTIVELY.
-- NONETHELESS, IT MAKES SENSE FOR THE TWO PROSECUTION
EFFORTS TO SHARE SOME RESOURCES WHERE THIS CAN BE DONE
WITHOUT DETRIMENT TO EITHER ONE. FOR EXAMPLE, THE TWO
EFFORTS COULD BE HOUSED IN THE SAME BUILDING IN THE HAGUE,
SHARE THE SAME REGISTRY AND SUPPORT STAFF, WHICH WOULD
NEED TO BE EXPANDED, AND USE THE SAME DETENTION
FACILITIES.
AT THE SAME TIME, WE MUST BE SURE THAT THE RWANDA EFFORT
IS HANDLED IN A MANNER THAT ADEQUATELY DEALS WITH THE
CIRCUMSTANCES OF THAT SITUATION, AND THAT DOES NOT CAUSE
DELAY OR COMPLICATION OF THE EFFORT FOR THE FORMER
YUGOSLAVIA. THEREFORE,
-- WE SHOULD ADD ADDITIONAL TRIAL CHAMBERS TO HANDLE THE
INCREASED CASELOAD; EACH CHAMBER WOULD BE ELIGIBLE TO
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HANDLE CASES ARISING FROM EITHER SITUATION. AS
APPROPRIATE, A CHAMBER WORKING ON CASES CONCERNING RWANDA
COULD CONDUCT PROCEEDINGS IN AFRICA WHERE NECESSARY FOR
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STATE 237220 020003Z
THE EFFICIENT EXERCISE OF ITS FUNCTIONS. WE SUGGEST TWO
ADDITIONAL CHAMBERS, EACH WITH THREE JUDGES. THE
SELECTION OF JUDGES SHOULD TAKE INTO ACCOUNT THE
DESIRABILITY OF GEOGRAPHICAL BALANCE AND REPRESENTATION OF
THE REGION, IN ADDITION TO LEGAL QUALIFICATIONS AND
EXPERIENCE WITH CRIMINAL TRIALS.
-- WE SHOULD PROVIDE ADDITIONAL PROSECUTORIAL STAFF AND
RESOURCES COMPARABLE TO THOSE BEING PROVIDED FOR THE
FORMER YUGOSLAVIA. TO THE EXTENT POSSIBLE, THE SELECTION
OF STAFF SHOULD TAKE INTO ACCOUNT THE NECESSARY LANGUAGE
SKILLS AND FAMILIARITY WITH THE LEGAL SYSTEMS INVOLVED, IN
ADDITION TO LEGAL QUALIFICATIONS AND EXPERIENCE WITH
CRIMINAL PROSECUTIONS.
-- WE SHOULD EXPAND THE STAFF OF THE REGISTRY SO THAT IT
WILL BE ABLE TO DEAL EFFECTIVELY WITH THE INCREASED
WORKLOAD BROUGHT ABOUT BY AN ADDITIONAL TRIBUNAL.
-- THE BUDGET SHOULD BE SUBSTANTIALLY INCREASED AND PUT
ON A REGULAR BASIS WITH THE NECESSARY AUTHORITY FOR
LONG-TERM FINANCIAL AND HIRING COMMITMENTS.
ATTACHED IS A DRAFT SECURITY COUNCIL RESOLUTION THAT
ILLUSTRATES THE CHANGES WE WOULD PROPOSE TO THE CURRENT
STATUTE. WE HAVE ATTEMPTED TO LIMIT THE CHANGES TO THOSE
NEEDED TO ACCOMMODATE THE RWANDA PROSECUTION EFFORT. IN
PARTICULAR:
-- THE JURISDICTION OF THE TRIBUNAL IS EXPANDED TO
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STATE 237220 020003Z
INCLUDE SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN
LAW IN RWANDA, OR IN STATES BORDERING RWANDA AND RELATED
TO THE CRISIS IN RWANDA, SINCE 6 APRIL 1994 (THAT IS, THE
OUTBREAK OF THE RECENT CONFLICT).
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-- THE SUBJECT MATTER JURISDICTION OF THE TRIBUNAL IS
CLARIFIED TO BE CERTAIN THAT IT INCLUDES SERIOUS
VIOLATIONS OF INTERNATIONAL AGREEMENTS ON THE LAWS OF WAR
IN FORCE AT THE TIME OF THE ACTS IN QUESTION IN THE
TERRITORY IN WHICH THEY TOOK PLACE. THIS IS ESSENTIAL IN
THE CASE OF RWANDA, SINCE THE APPLICABLE STANDARDS FOR
INTERNAL ARMED CONFLICTS ARE CONTAINED IN COMMON ARTICLE 3
TO THE 1949 GENEVA CONVENTIONS AND ADDITIONAL PROTOCOL II
TO THOSE CONVENTIONS.
-- THE LANGUAGE APPLICABLE TO CRIMES AGAINST HUMANITY IS
CLARIFIED IN ACCORDANCE WITH THE SECRETARY-GENERAL'S
EXPLANATORY COMMENTS IN HIS ORIGINAL REPORT ON THE
STATUTE. THIS IS IMPORTANT IN THE CASE OF RWANDA TO
ENSURE THAT THE TRIBUNAL HAS JURISDICTION OVER WIDESPREAD
OR SYSTEMATIC ATTACKS ON THE CIVILIAN POPULATION ON ETHNIC
GROUNDS, EVEN IN SITUATIONS THAT MIGHT BE ARGUED NOT TO BE
INCIDENT TO AN ARMED CONFLICT.
-- THE NUMBER OF TRIAL CHAMBERS, JUDGES AND REGISTRY
STAFF IS INCREASED TO DEAL WITH THE INCREASED CASELOAD.
-- AS RESOLUTION 827 (1993) DID FOR THE YUGOSLAVIA
TRIBUNAL, THIS RESOLUTION WOULD MAKE CLEAR THAT TRIBUNAL
HAS AUTHORITY TO CONDUCT PROCEEDINGS NOT ONLY IN THE HAGUE
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STATE 237220 020003Z
BUT IN PLACES CLOSER TO THE WHERE THE CRIMES OCCURRED. IN
THE CASE OF RWANDA, THE TRIBUNAL MIGHT HOLD PROCEEDINGS IN
A NEUTRAL STATE IN AFRICA, WHERE ITS WORK WILL HAVE THE
GREATEST IMPACT, AND WHERE WITNESSES AND EVIDENCE ARE MORE
ACCESSIBLE. RULE 4 OF THE YUGOSLAVIA TRIBUNAL RULES OF
PROCEDURE AND EVIDENCE ALREADY PROVIDES THAT 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. ANY SUCH PROCEEDINGS OUTSIDE THE
HAGUE WOULD BE SUBJECT TO ARRANGEMENTS TO BE WORKED OUT
AMONG THE TRIBUNAL, THE UN AND THE STATE WHERE THE
PROCEEDINGS WOULD TAKE PLACE.
WE NOTE THAT THE NEW GOVERNMENT OF RWANDA HAS SPECIFICALLY
REQUESTED THAT A TRIBUNAL BE ESTABLISHED. THE RPF
BELIEVES, AND WE AGREE WITH ITS VIEW, THAT CREATION OF A
TRIBUNAL WILL PROMOTE THE RETURN OF THE RULE OF LAW TO
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RWANDA, AND TO CONDITIONS OF STABILITY. THE SPECIAL
RAPPORTEUR OF THE UN HUMAN RIGHTS COMMISSION HAS ALSO
CONCLUDED THAT THE UN SHOULD CREATE A MECHANISM TO
ADJUDICATE THESE CRIMES.
WE WELCOME THE VIEWS OF OTHERS ON THESE PROPOSALS.
END TEXT OF NON-PAPER TALBOTT
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UNCLASSIFIED
