ROUTING SLIP FICHE DE TRANSMISSION T0:l A/' Mr. Riza Kensaku Hogen Room No, — No de bureau Extension— P'oste Date ~* S-1027 3-6830 27 August 1998 FOR ACTION POUR SUITE A DONNER FOR APPROVAL POUR APPROBATION FOR SIGNATURE POUR SIGNATURE FOR COMMENTS POUR OBSERVATIONS MAY WE DISCUSS? POURRIONS-NOUS EN PARLER ? YOUR ATTENTION VOTRE ATTENTION AS DISCUSSED COMME CONVENU AS REQUESTED SUITE A VOTRE DEMANDE NOTE AND RETURN NOTER ET RETOURNER FOR INFORMATION POUR INFORMATION With regard to the attached memo from Fred Eckhard/ DPI is taking urgent action to publicize the upcoming judgements by the Arusha Tribunal. 45 jj).H BE G I ( of-) AUG 2 7 1998 EXECUTIVE OFFICE 'T IKE SECRETARY-GENERAL COM.6 (2-78) UNITED NATIONS NATIONS UNIES INTEROFFICE MEMORANDUM MEMORANDUM INTERIEUR Mr. Kensaku Hogen DATE24 August 1998 Assistant Secretary-General Department of Public Information REFERENCE: THROUGH: SlC. DE: FredEckhard 3 FROM: DE: Spokesman for the Secretary-General ' Media arranements for Arusha Tribunal first udments The Secretary-General said he would like an extra publicity push for the upcoming judgments by the Arusha Tribunal. On 2 - 3 September, the Tribunal will deliver its first judgment, which will also be the first ever for the crime of genocide by an international tribunal. On the Spokesman's side, we can arrange a special briefing. DPI may wish to issue a press release or background sheet in conjunction with the Rwanda Tribunal. Circulating an Op Ed is another option. Arranging for video coverage could be tried, budget permitting. I've asked Myriam Dessables of my office to handle our end. What do you think you can do! cc.: Shashi Tharoor -KS--frS '8-8 17:41 FAX 1 2129632848 49 ICTR ARUSHA [g!003 UNITED NATIONS NATIONS UNIES International Criminal Tribunal for Rwanda PRESS AND PUBLIC AFFAIRS UNIT Arusha International Conference Centre P.O. Box 6016, Arusha, Tanzania Tel: 255 57 4207-11/4367-72 or 1 212 963 2850—Fax: 255 57 4000/4373 or 1 212 963 2848 E-Mail: [email protected] INTRODUCTION to the INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR) AUGUST 1993 26/03 '98 17:42 FAX 1 2129632848 49 ICTR ARUSHA IS 006 INTRODUCTION Recognizing that serious violations of humanitarian law were committed in Rwanda, and acting under Chapter VII of the United Nations Charter, the Security Council created the Internationa! Criminal Tribunal for Rwanda (ICTR) by virtue of resolution 955 (1994) of 8 November 1994. The purpose of this action is also to contribute to the process of national reconciliation in Rwanda and to the maintenance of peace in the region. By its resolution 977 (1995) of 22 February 1995, the Security Council decided that the seat of the Tribunal would be located in Arusha, United Republic of Tanzania. The International Criminal Tribunal for Rwanda was established for the prosecution of persons responsible for genocide and, father serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994. 1. ICTR Law The International Criminal Tribunal for Rwanda is governed by its Statute, which is annexed to Security Council Resolution 955. The Rules of Procedure and Evidence, which the Judges adopted in accordance with Article 14 of the Statute, establishes the necessary framework for the functioning of the judicial system. The Tribunal consists of three organs: the Chambers and the Appeals Chamber; the Office of the Prosecutor, in charge of investigations and prosecutions; and the Registry, responsible for providing overall judicial and administrative support to the Chambers and the Prosecutor. 2. Jurisdiction of the ICTR •^> Ratione materiae: Genocide, crimes against humanity, violations of Article 3 common to the Geneva Conventions and of Additional Protocol II shall be punishable; =& Ratione tempore: crimes committed between 1 January and 31 December 1994; -4> Ratione personae et ratione loci: crimes committed by Rwandans in the territory of Rwanda and in the territory of neighbouring States, as well as non-Rwandan citizens for crimes committed in Rwanda. 3. State of Affairs * The first indictment, charging 8 accused, was issued 28 November 1995; * As of 30 June 1998 four trials had commenced and 22 indictments have been issued against 35 individuals. One of the accused, ex-Rwandan Prime Minister Jean Kambanda has already pleaded guilty to genocide and crimes against humanity, and the trial of another accused, Jean-Paul Akayesu, has been completed. The ICTR has set up the United Nations Detention Facility in the complex of the Arusha prison. A total of 26 indicted individuals and five suspects are in custody - 30 of them in the Detention Facility in Arusha. One indictee is detained in Texas, USA. The Detention Facility has a total of 56 fully functional cells. 4. Budget and Human Resources In accordance with resolution 52/218 of 22 December 1997, the General Assembly decided to appropriate the Special Account for International Criminal Tribunal for Rwanda a total of USS 56,736,300 gross (US$50,879,100 net) for the period 1 January to 31 December 1998. 511 persons, representing 71 nationalities are working for the ICTR as well as the six Judges and 9 Secondees. 26/08 '98 17:42 FAX I 2129632848 49 ICTR ARl'SHA @]007 THE ICTR GOVERNING BODIES The Chambers The Chambers are composed of two Trial Chambers and an Appeals Chamber. Each Trial Chamber is composed of three Judges. The Appeals Chamber, which is composed of five Judges, serves both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).The six Judges of the two Trial Chambers were elected on 24 and 25 May 1995 for a period of four years by the General Assembly pursuant to Article 12 of the ICTR Statute. The 6 Judges of the two Trial Chambers sit in Arusha. The Judges elected a President, Judge LaTty Kama (Senegal), a Vice-President, Judge Yakov Ostrovsky (Russia), and a Presiding Judge for each of the two Trial Chambers, Judge LaTty Kama for Trial Chamber 1 and Judge William Sekule (Tanzania) for Trial Chamber 2. Chamber 1 also includes Judge Lennart Aspegren (Sweden), and Judge Navanethem Pillay (South Africa). Chamber 2 also includes Judge Yakov Ostrovsky and Judge Tafazzal Hossain Khan (Bangladesh). The six Judges were elected on 24 and 25 May 1995 for a period of four years by decision 49/324 of United Nations general assembly. The Prosecutor The Office of the Prosecutor is composed of three principal sections: the Prosecution Section, the Investigations Division, and Legal Services. The Prosecutor and the Legal Section serve both Tribunals (ICTR and ICTY).The Office of the Prosecutor is headed by the Prosecutor, Judge Louise Arbour (Canada). She was appointed by the Security Council and officially took up her post on 1 October 1996. Judge Louise Arbour serves as the Prosecutor for the Tribunals for both Rwanda and the Former Yugoslavia. In accordance with Article 15(3) of the Statute, Judge Louise Arbour is assisted in her duties by two Deputy Prosecutors, one for each Tribunal. The headquarters of the Office of the Prosecutor for Rwanda is located in Kigali. The office was opened on 21 March 1995 when the Deputy Prosecutor arrived in Kigali, Rwanda. The Registry The Registry consists of a Registrar and such other staff as may be required. Trie Registry is headed by the Registrar, Mr. Agwu Ukiwe Okali (Nigeria). He was appointed on 26 February 1997 by the Secretary-General after consultation with the President of the ICTR. In accordance with Article 16 of the Statute, 'The Registry shall be responsible for the administration and servicing - of the International Tribunal for Rwanda". The Registry performs legal functions assigned to it by the Tribunal's Rules of Procedure and Evidence, and is the Tribunal's channel of communication. 26/08 '98 17:43 FAX 1 2129632848 49 ICTR ARUSHA @]008 \ ••' L JUDGES OF TRIAL CHAMBER 1 Judge Laity Kama (Senegal) (President of the Tribunal and Presiding Judge of Trial Chamber 1} Judge LaTty Kama was born in 1939 (n Dakar. He began his career as a Magistrate in Senegal in 1969, after which he successively became Examining Judge in Diourbel (1969-1973), Deputy Public Prosecutor in Dakar (1973-1974) and Public Prosecutor in Thies (1974-1978). For 15 years he was then Assistant Public Prosecutor at the Court of Appeal and the Assize Court in Dakar. Lastly, in 1992, he was appointed First Assistant Public Prosecutor at the Supreme Court of Appeal. Judge Kama was instrumental in the establishment of the £co/e nationale de la Magistrature du S£n£gal in Dakar, where he taught for 20 years. As an expert, he represented Africa in the Working Group on Arbitrary Detention established by the United Nations Commission on Human Rights. Judge Kama'presided over the drafting sessions of Benin's new code of criminal procedure. As a member of the Senegalese delegation to the (UN) Commission of Human Rights in Geneva from 1983 to 1990, he participated in the negotiations of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Later, he conducted seminars on human rights and the administration of justice (1991 in Kigali, Rwanda and 1993 in Bujumbura, Burundi). Judge Lennart Aspegren (Sweden) (Member of Trial Chamber 1) Judge Lennart Aspegren was bom in 1931. He began his career within the Swedish judicial system as a Magistrate in 1958. After serving in various courts of civil and criminal law, he was appointed Judge of the Stockholm Court of Appeal in 1979.