UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL …

1 UNITED NATIONS 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 Date: September 2009 Original: English & French UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ADOPTED 25 MAY 1993 BY RESOLUTION 827) (AS AMENDED 13 MAY 1998 BY RESOLUTION 1166) (AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329) (AS AMENDED 17 MAY 2002 BY RESOLUTION 1411) (AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431) (AS AMENDED 19 MAY 2003 BY RESOLUTION 1481) (AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597) (AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660)

2 (AS AMENDED 29 SEPTEMBER 2008 BY RESOLUTION 1837) (AS AMENDED 7 JULY 2009 BY RESOLUTION 1877) ICTY RELATED RESOLUTIONS: Resolution 1503 of 28 August 2003 Resolution 1504 of 4 September 2003 Resolution 1534 of 26 March 2004 Resolution 1581 of 18 January 2005 Resolution 1613 of 26 July 2005 Resolution 1629 of 30 September 2005 Resolution 1668 of 10 April 2006 Resolution 1775 of 14 September 2007 Resolution 1786 of 28 November 2007 Resolution 1800 of 20 February 2008 (Not an official document. This compilation is based on original United Nations resolutions.)

3 1 UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ADOPTED 25 MAY 1993 BY RESOLUTION 827) (AS AMENDED 13 MAY 1998 BY RESOLUTION 1166) (AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329) (AS AMENDED 17 MAY 2002 BY RESOLUTION 1411) (AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431) (AS AMENDED 19 MAY 2003 BY RESOLUTION 1481) (AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597) (AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660) (AS AMENDED 29 SEPTEMBER 2008 BY RESOLUTION 1837) (AS AMENDED 7 JULY 2009 BY RESOLUTION 1877) UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER RESOLUTION 808 (1993).

4 15 RESOLUTION 827 (1993) ..17 RESOLUTION 1166 (1998) ..19 RESOLUTION 1329 (2000) ..21 Annex I ..23 Annex II ..26 RESOLUTION 1411 (2002) ..29 Annex I ..30 Annex II ..31 RESOLUTION 1431 (2002) ..33 Annex I ..34 Annex II ..37 RESOLUTION 1481 (2003) ..39 RESOLUTION 1597 (2005) ..41 RESOLUTION 1660 (2006) ..43 RESOLUTION 1837 (2008) ..47 RESOLUTION 1877 (2009) ..51 ICTY RELATED RESOLUTIONS .. 55 Resolutions with no amendments to the STATUTE , but relevant to the ICTY. RESOLUTION 1503 (2003).

5 57 Annex I ..59 RESOLUTION 1504 (2003)..61 RESOLUTION 1534 (2004)..63 RESOLUTION 1581 (2005)..65 RESOLUTION 1613 (2005)..67 RESOLUTION 1629 (2005)..69 RESOLUTION 1668 (2006)..71 RESOLUTION 1775 (2007)..73 RESOLUTION 1786 (2007)..75 RESOLUTION 1800 (2008)..77 2 UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA TABLE OF CONTENTS Article 1 .. 5 Competence of the INTERNATIONAL Tribunal Article 2 .. 5 Grave breaches of the Geneva Conventions of 1949 Article 3 .. 5 Violations of the laws or customs of war Article 4.

6 5 Genocide Article 5 .. 6 Crimes against humanity Article 6 .. 6 Personal jurisdiction Article 7 .. 6 Individual CRIMINAL responsibility Article 8 .. 6 Territorial and temporal jurisdiction Article 9 .. 7 Concurrent jurisdiction Article 10 .. 7 Non-bis-in-idem Article 11 .. 7 Organization of the INTERNATIONAL Tribunal Article 12 .. 7 Composition of the Chambers Article 13 .. 8 Qualifications of judges Article 13 8 Election of permanent judges Article 13 8 Election and appointment of ad litem judges Article 13 9 Status of ad litem judges Article 14.

7 10 Officers and members of the Chambers Article 15 .. 10 Rules of procedure and evidence Article 16 .. 10 The Prosecutor 3 Article 17 .. 11 The Registry Article 18 .. 11 Investigation and preparation of indictment Article 19 .. 11 Review of the indictment Article 20 .. 11 Commencement and conduct of trial proceedings Article 21 .. 11 Rights of the accused Article 22 .. 12 Protection of victims and witnesses Article 23 .. 12 Judgement Article 24 .. 12 Penalties Article 25 .. 12 Appellate proceedings Article 26.

8 13 Review proceedings Article 27 .. 13 Enforcement of sentences Article 28 .. 13 Pardon or commutation of sentences Article 29 .. 13 Co-operation and judicial assistance Article 30 .. 13 The status, privileges and immunities of the INTERNATIONAL Tribunal Article 31 .. 13 Seat of the INTERNATIONAL Tribunal Article 32 .. 13 Expenses of the INTERNATIONAL Tribunal Article 33 .. 14 Working languages Article 34 .. 14 Annual report 4 UPDATED STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ADOPTED 25 MAY 1993 BY RESOLUTION 827) (AS AMENDED 13 MAY 1998 BY RESOLUTION 1166) (AS AMENDED 30 NOVEMBER 2000 BY RESOLUTION 1329) (AS AMENDED 17 MAY 2002 BY RESOLUTION 1411) (AS AMENDED 14 AUGUST 2002 BY RESOLUTION 1431) (AS AMENDED 19 MAY 2003 BY RESOLUTION 1481) (AS AMENDED 20 APRIL 2005 BY RESOLUTION 1597) (AS AMENDED 28 FEBRUARY 2006 BY RESOLUTION 1660)

9 (AS AMENDED 29 SEPTEMBER 2008 BY RESOLUTION 1837) (AS AMENDED 7 JULY 2009 BY RESOLUTION 1877) 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 Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter referred to as the INTERNATIONAL Tribunal ) shall function in accordance with the provisions of the present STATUTE .

10 Article 1 Competence of the INTERNATIONAL Tribunal The INTERNATIONAL Tribunal shall have the power to prosecute persons responsible for serious violations of INTERNATIONAL humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of the present STATUTE . Article 2 Grave breaches of the Geneva Conventions of 1949 The INTERNATIONAL Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (a) wilful killing; (b) torture or inhuman treatment, including biological experiments.