The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 109
STATUTE OF 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

Adopted by resolution 827 of the Security Council of 25 May 1993, amended by resolutions 1166 of 13 May 1998, 1329 of 5 December 2000, 1411 of 17 May 2002, and 1431 of 14 August 2002

INTRODUCTORY NOTE: Prior to the adoption of the present statute, the Security Council, in Resolution 764 (1992) of 3 July 1992 and in later resolutions, reaffirmed that all parties to the conflicts in the territory of the former Yugoslavia were bound to comply with the obligations under international humanitarian law, and that persons who commit or order the commission of grave breaches of the Geneva Conventions are individually responsible for such breaches. By Resolution 780 (1992) of 6 October 1992, the Security Council requested the Secretary-General to establish an impartial commission of experts to report on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law committed in the territory of the former Yugoslavia. After having considered the interim report of this commission, the Security Council, on 22 February 1993, adopted resolution 808 (1993) by which it decided to establish an 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. It requested that the Secretary-General submit to the Council a report on all aspects of the matter including specific proposals. On 8 May 1993, the Secretary-General presented his report (S/25704) to which the present Statute was annexed. By resolution 827 (1993) of 25 May 1993, the Security Council, acting under Chapter VII of the Charter, decided by unanimity to establish the Tribunal and to adopt the Statute annexed to the Secretary-General's report. The Statute was amended as indicated above.

ENTRY INTO FORCE: 25 May 1993.

AUTHENTIC TEXT: Arabic, Chinese, English, French, Russian, Spanish. The text below is reprinted from the English version of the United Nations Security Council document: S/RES/827 (1993), 25 May 1993, as amended by the resolutions indicated above.

TEXT PUBLISHED IN: UN doc.S/RES/827 (1993) of 25 May 1993, 2 p. (Engl., also Arabic, Chinese, French, Russian and Spanish versions); ILM, Vol. 32, 1993, pp. 1159–1205 (Engl.); 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, Basic Documents, United Nations, 1995, Sales No. E/F.95.III.P.1, pp. 4–27 (Engl. French);

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