United Nations Security Council Resolution 827
Encyclopedia
United Nations
Security Council Resolution
827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713
(1991) and all subsequent resolutions on the topic of the former Yugoslavia
, approved report S/25704 of Secretary-General Boutros Boutros-Ghali
, with the Statute of the International Tribunal as an annex, establishing the International Criminal Tribunal for the former Yugoslavia
(ICTY).
Still alarmed at violations of international humanitarian law
in former Yugoslavia and especially in Bosnia and Herzegovina
, including mass killings, systematic detention
and rape
of women and ethnic cleansing
, the resolution determined that the situation continued to pose a threat to international peace and security, further announcing its intention to bring an end to such crimes and bring justice to the victims. The Council decided that the establishment of a tribunal
and the prosecution of persons responsible would address such violations, reaffirming its decision in Resolution 808
(1993).
Acting under Chapter VII of the United Nations Charter
, the Council established the International Criminal Tribunal for the former Yugoslavia for crimes committed in the territory of the former Yugoslavia between January 1, 1991 and a date to be determined by the Council upon the restoration of peace in the region. Until the appointment of a Prosecutor
, evidence would continue to be gathered by the Commission of Experts established in Resolution 780
(1992).
The Council then requested the Secretary-General to submit suggestions received from countries regarding the rules of procedure and evidence called for in Article 15 of the Statute of the International Tribunal to judges at the tribunal. It also decided that all Member States would co-operate with the ICTY and its organs in accordance with the Statute of the International Tribunal. At the same time, contributions from states, intergovernmental and non-governmental
organisations to the Tribunal was urged.
The resolution decided that the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands
, noting that it may sit elsewhere if considered necessary, and that the work of the Tribunal will not affect the right of victims to compensation. Finally it asked that Boutros Boutros-Ghali immediately implement the current resolution and make arrangements for the effective functioning of the Tribunal.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Security Council Resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713
United Nations Security Council Resolution 713
United Nations Security Council Resolution 713, adopted unanimously on September 25, 1991, after receiving representations from a number of Member States and commending the efforts of the European Community in the region, the Council decided to impose, under Chapter VII, an arms embargo on the...
(1991) and all subsequent resolutions on the topic of the former Yugoslavia
Former Yugoslavia
The former Yugoslavia is a term used to describe the present day states which succeeded the collapse of the Socialist Federal Republic of Yugoslavia....
, approved report S/25704 of Secretary-General Boutros Boutros-Ghali
Boutros Boutros-Ghali
Boutros Boutros-Ghali is an Egyptian politician and diplomat who was the sixth Secretary-General of the United Nations from January 1992 to December 1996...
, with the Statute of the International Tribunal as an annex, establishing the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
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, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY).
Still alarmed at violations of international humanitarian law
International humanitarian law
International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...
in former Yugoslavia and especially in Bosnia and Herzegovina
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
, including mass killings, systematic detention
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
and rape
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
of women and ethnic cleansing
Ethnic cleansing
Ethnic cleansing is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic orreligious group from certain geographic areas....
, the resolution determined that the situation continued to pose a threat to international peace and security, further announcing its intention to bring an end to such crimes and bring justice to the victims. The Council decided that the establishment of a tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
and the prosecution of persons responsible would address such violations, reaffirming its decision in Resolution 808
United Nations Security Council Resolution 808
United Nations Security Council Resolution 808, adopted unanimously on February 22, 1993, after reaffirming Resolution 713 and subsequent resolutions on the situation in former Yugoslavia, including resolutions 764 , 771 and 780 , the Council, after stating its determination to put an end to...
(1993).
Acting under Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace...
, the Council established the International Criminal Tribunal for the former Yugoslavia for crimes committed in the territory of the former Yugoslavia between January 1, 1991 and a date to be determined by the Council upon the restoration of peace in the region. Until the appointment of a Prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
, evidence would continue to be gathered by the Commission of Experts established in Resolution 780
United Nations Security Council Resolution 780
United Nations Security Council Resolution 780, adopted unanimously on October 6, 1992, after reaffirming Resolution 713 and subsequent resolutions on the topic, the Council expressed its concern at the continued "widespread violations of international humanitarian law" in Bosnia and Herzegovina...
(1992).
The Council then requested the Secretary-General to submit suggestions received from countries regarding the rules of procedure and evidence called for in Article 15 of the Statute of the International Tribunal to judges at the tribunal. It also decided that all Member States would co-operate with the ICTY and its organs in accordance with the Statute of the International Tribunal. At the same time, contributions from states, intergovernmental and non-governmental
Non-governmental organization
A non-governmental organization is a legally constituted organization created by natural or legal persons that operates independently from any government. The term originated from the United Nations , and is normally used to refer to organizations that do not form part of the government and are...
organisations to the Tribunal was urged.
The resolution decided that the determination of the seat of the International Tribunal is subject to the conclusion of appropriate arrangements between the United Nations and the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, noting that it may sit elsewhere if considered necessary, and that the work of the Tribunal will not affect the right of victims to compensation. Finally it asked that Boutros Boutros-Ghali immediately implement the current resolution and make arrangements for the effective functioning of the Tribunal.
See also
- Bosnian WarBosnian WarThe Bosnian War or the War in Bosnia and Herzegovina was an international armed conflict that took place in Bosnia and Herzegovina between April 1992 and December 1995. The war involved several sides...
- Breakup of Yugoslavia
- Croatian War of IndependenceCroatian War of IndependenceThe Croatian War of Independence was fought from 1991 to 1995 between forces loyal to the government of Croatia—which had declared independence from the Socialist Federal Republic of Yugoslavia —and the Serb-controlled Yugoslav People's Army and local Serb forces, with the JNA ending its combat...
- List of United Nations Security Council Resolutions 801 to 900 (1993 – 1994)
- Yugoslav WarsYugoslav warsThe Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...