United Nations Security Council Resolution 955
Encyclopedia
United Nations
Security Council Resolution
955, adopted on November 8, 1994, after recalling all resolutions on Rwanda
, the Council noted that serious violations of international humanitarian law
had taken place in the country and, acting under Chapter VII of the United Nations Charter
, established the International Criminal Tribunal for Rwanda
(ICTR).
The Security Council appreciated the work of the Commission of Experts established in Resolution 935
(1994), and expressed its concern at reports of genocide
and other widespread violations of international humanitarian law had taken place in Rwanda. It stated that the situation constituted a threat to international peace and security and was determined to put an end to such crimes and bring those responsible to justice in order to restore peace. The Council believed that the establishment of an international tribunal would ensure that such violations are halted and addressed. In this regard, the need for international co-operation to strengthen the judicial system in Rwanda was stressed.
The ICTR and its Statute were established after noting the request by the Government of Rwanda to create an international tribunal for the prosecution of serious violations of international humanitarian law in Rwanda between January 1 and December 31, 1994. All countries were urged to co-operate with the ICTR and its organs and to take measures under domestic law to implement the present resolution. Funds, equipment and services to the tribunal were also requested in order to support the process. The Rwandan government would be notified before decisions were taken concerning the enforcement or commutation of sentences under Articles 26 and 27 of the Statute of the International Tribunal for Rwanda.
The Secretary-General Boutros Boutros-Ghali
was requested to ensure the immediate implementation of the current resolution and to make arrangements for the functioning of the tribunal, including recommendations regarding the location of the ICTR. This would be determined with regard to considerations of justice and fairness as well as administrative efficiency, access to witness
es and economy. It also noted that the ICTR may meet away from its seat to discuss its functions. The Council concluded by stating that the number of judge
s and trial chambers may be increased when necessary.
Resolution 955 was adopted by 13 votes in favour and 1 vote against from Rwanda
, while China
abstained
from the vote. Though Rwanda had supported its inception, it opposed the resolution as it felt the period covered by the tribunal, from January 1 to December 31, 1994, was inadequate and should have been extended to October 1, 1990 when hostilities began. It also rejected the absence of capital punishment
in the clauses of the Statue; that it should be a separate entity with its own Appeals Chamber and Prosecutor
; that it should only prosecute for genocide and crimes against humanity; that those prosecuted by the tribunal could be imprisoned
in third countries; that decisions concerning the enforcement or commutation of sentences should not be the responsibility of third countries; and that its seat should be in Rwanda. China abstained from the vote, viewing the genocide as an internal matter for Rwanda.
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"....
955, adopted on November 8, 1994, after recalling all resolutions on Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, the Council noted that serious 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...
had taken place in the country and, 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...
, established the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...
(ICTR).
The Security Council appreciated the work of the Commission of Experts established in Resolution 935
United Nations Security Council Resolution 935
United Nations Security Council Resolution 935, adopted unanimously on July 1, 1994, after recalling all resolutions on Rwanda, particularly 918 and 925 , the Council requested the Secretary-General Boutros Boutros-Ghali to establish a Commission of Experts to investigate violations of...
(1994), and expressed its concern at reports of genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
and other widespread violations of international humanitarian law had taken place in Rwanda. It stated that the situation constituted a threat to international peace and security and was determined to put an end to such crimes and bring those responsible to justice in order to restore peace. The Council believed that the establishment of an international tribunal would ensure that such violations are halted and addressed. In this regard, the need for international co-operation to strengthen the judicial system in Rwanda was stressed.
The ICTR and its Statute were established after noting the request by the Government of Rwanda to create an international tribunal for the prosecution of serious violations of international humanitarian law in Rwanda between January 1 and December 31, 1994. All countries were urged to co-operate with the ICTR and its organs and to take measures under domestic law to implement the present resolution. Funds, equipment and services to the tribunal were also requested in order to support the process. The Rwandan government would be notified before decisions were taken concerning the enforcement or commutation of sentences under Articles 26 and 27 of the Statute of the International Tribunal for Rwanda.
The 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...
was requested to ensure the immediate implementation of the current resolution and to make arrangements for the functioning of the tribunal, including recommendations regarding the location of the ICTR. This would be determined with regard to considerations of justice and fairness as well as administrative efficiency, access to witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es and economy. It also noted that the ICTR may meet away from its seat to discuss its functions. The Council concluded by stating that the number of judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and trial chambers may be increased when necessary.
Resolution 955 was adopted by 13 votes in favour and 1 vote against from Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, while China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
abstained
Abstention
Abstention is a term in election procedure for when a participant in a vote either does not go to vote or, in parliamentary procedure, is present during the vote, but does not cast a ballot. Abstention must be contrasted with "blank vote", in which a voter casts a ballot willfully made invalid by...
from the vote. Though Rwanda had supported its inception, it opposed the resolution as it felt the period covered by the tribunal, from January 1 to December 31, 1994, was inadequate and should have been extended to October 1, 1990 when hostilities began. It also rejected the absence of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in the clauses of the Statue; that it should be a separate entity with its own Appeals Chamber and 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...
; that it should only prosecute for genocide and crimes against humanity; that those prosecuted by the tribunal could be imprisoned
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
in third countries; that decisions concerning the enforcement or commutation of sentences should not be the responsibility of third countries; and that its seat should be in Rwanda. China abstained from the vote, viewing the genocide as an internal matter for Rwanda.
See also
- History of RwandaHistory of RwandaHuman occupation of Rwanda is thought to have begun shortly after the last ice age. By the fifteenth century the inhabitants had organized into a number of kingdoms...
- List of United Nations Security Council Resolutions 901 to 1000 (1994 – 1995)
- Rwandan Civil WarRwandan Civil WarThe Rwandan Civil War was a conflict within the Central African nation of Rwanda between the government of President Juvénal Habyarimana and the rebel Rwandan Patriotic Front...
- Rwandan GenocideRwandan GenocideThe Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
- United Nations Observer Mission Uganda–Rwanda