Distr.
GENERAL

S/RES/955(1994)
6 November 1994


Original: ENGLISH
Security Council resolution S/RES/955


The Security Council,

Reaffirming all its previous resolutions on the situation
in Rwanda,

Having considered the reports of the Secretary-General
pursuant to paragraph 3 of resolution 935 (1994) of
1 July 1994 (S/1994/879 and S/1994/906), and having taken note
of the reports of the Special Rapporteur for Rwanda of the
United Nations Commission on Human Rights (S/1994/1157, annex
I and annex II),

Expressing appreciation for the work of the Commission of
Experts established pursuant to resolution 935 (1994), in
particular its preliminary report on violations of
international humanitarian law in Rwanda transmitted by the

Secretary-General's letter of 1 October 1994 (S/1994/1125),

Expressing once again its grave concern at the reports
indicating that genocide and other systematic, widespread and
flagrant violations of international humanitarian law 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,

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 process of national
reconciliation and to the restoration and maintenance of
peace,

Believing that the establishment of an international
tribunal for the prosecution of persons responsible for
genocide and the other above-mentioned violations of
international humanitarian law will contribute to ensuring
that such violations are halted and effectively redressed,

Stressing also 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 large numbers of suspects,

Considering that the Commission of Experts established
pursuant to resolution 935 (1994) should continue on an urgent
basis the collection of information relating to evidence of
grave violations of international humanitarian law committed
in the territory of Rwanda and should submit its final report
to the Secretary-General by 30 November 1994,

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

1. Decides hereby, having received the request of the
Government of Rwanda (S/1994/1115), to establish an
international tribunal for the sole purpose of prosecuting
persons responsible for genocide and other serious violations
of international humanitarian law committed in the territory
of Rwanda and Rwandan citizens responsible for genocide and
other such violations committed in the territory of
neighbouring States, between 1 January 1994 and 31 December
1994 and to this end to adopt the Statute of the International
Criminal Tribunal for Rwanda annexed hereto;

2. Decides that all States shall cooperate fully with the
International Tribunal and its organs 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,
including the obligation of States to comply with requests for
assistance or orders issued by a Trial Chamber under
Article 28 of the Statute, and requests States to keep the
Secretary-General informed of such measures;

3. Considers that the Government of Rwanda should be
notified prior to the taking of decisions under articles 26
and 27 of 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;

5. Requests the Secretary-General to implement this
resolution urgently and in particular to make practical
arrangements for the effective functioning of the
International Tribunal, including recommendations to the
Council as to possible locations for the seat of the
International Tribunal at the earliest time and to report
periodically to the Council;

6. Decides that the seat of the International Tribunal
shall be determined by the Council having regard to
considerations of justice and fairness as well as
administrative efficiency, including access to witnesses, and
economy, and subject to the conclusion of appropriate
arrangements between the United Nations and the State of the
seat, acceptable to the Council, having regard to the fact
that the International Tribunal may meet away from its seat
when it considers it necessary for the efficient exercise of
its functions; and decides that an office will be established
and proceedings will be conducted in Rwanda, where feasible
and appropriate, subject to the conclusion of similar
appropriate arrangements;

7. Decides to consider increasing the number of judges
and Trial Chambers of the International Tribunal if it becomes
necessary;

8. Decides to remain actively seized of the matter.


Annex

Statute of the International Tribunal for Rwanda

Having been established by the Security Council acting
under Chapter VII of the Charter of the United Nations, the
International Criminal Tribunal for the Prosecution of Persons
Responsible for Genocide and Other Serious Violations of
International Humanitarian Law Committed in the Territory of
Rwanda and Rwandan citizens responsible for genocide and other
such violations committed in the territory of neighbouring
States, between 1 January 1994 and 31 December 1994
(hereinafter referred to as "the International Tribunal for
Rwanda") shall function in accordance with the provisions of
the present Statute.

Article 1

Competence of the International Tribunal for Rwanda

The International Tribunal for Rwanda shall have the power
to prosecute persons responsible for serious violations of
international humanitarian law committed in the territory of
Rwanda and Rwandan citizens responsible for such violations
committed in the territory of neighbouring States, between
1 January 1994 and 31 December 1994, in accordance with the
provisions of the present Statute.


Article 2

Genocide

1. The International Tribunal for Rwanda shall have the
power to prosecute persons committing genocide as defined in
paragraph 2 of this article or of committing any of the other
acts enumerated in paragraph 3 of this article.

2. Genocide means any of the following acts committed
with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of
the group;

(c) Deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in
whole or in part;

(d) Imposing measures intended to prevent births within
the group;

(e) Forcibly transferring children of the group to another
group.

3. The following acts shall be punishable:

(a) Genocide;

(b) Conspiracy to commit genocide;


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