Security Council resolution 827 (1993) [on establishment of the International Tribunal for Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991]
Symbol: S/RES/827(1993)
Date: 1993-05-25
Status: adopted
Agenda: S/48 [98] FORMER YUGOSLAVIA SITUATION
S/48 [113] HUMAN RIGHTS--FORMER YUGOSLAVIA
Subjects: 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 > ESTABLISHMENT.|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 > TERMS OF REFERENCE.|Charter of the United Nations (1945). Chapter VII|NETHERLANDS (KINGDOM OF THE)|HUMAN RIGHTS VIOLATIONS|YUGOSLAVIA|CROATIA|BOSNIA AND HERZEGOVINA|INTERNATIONAL CRIMINAL COURTS|INTERNATIONAL CRIMINAL JURISDICTION|HUMAN RIGHTS IN ARMED CONFLICTS|JUDGES|RULES OF PROCEDURE|CRIMINAL EVIDENCE|TRIALS|INTERNATIONAL OBLIGATIONS|EXPERTS|WAR VICTIMS|WAR DAMAGE COMPENSATION|ESTABLISHMENT|TERMS OF REFERENCE|PROSECUTION|FINANCING|FORMER YUGOSLAVIA SITUATION
Votes in favour: 15
Votes against: 0
Abstentions: 0
Voting record:
country: BRAZIL
vote: yes
country: CAPE VERDE
vote: yes
country: CHINA
vote: yes
country: DJIBOUTI
vote: yes
country: FRANCE
vote: yes
country: HUNGARY
vote: yes
country: JAPAN
vote: yes
country: MOROCCO
vote: yes
country: NEW ZEALAND
vote: yes
country: PAKISTAN
vote: yes
country: RUSSIAN FEDERATION
vote: yes
country: SPAIN
vote: yes
country: UNITED KINGDOM
vote: yes
country: UNITED STATES
vote: yes
country: VENEZUELA
vote: yes

RESOLUTION 827 (1993)

Adopted by the Security Council at its 3217th meeting, on
25 May 1993

 

The Security Council,

Reaffirming its resolution 713 (1991) of 25 September 1991 and all
subsequent relevant resolutions,

Having considered the report of the Secretary-General (S/25704 and Add.1)
pursuant to paragraph 2 of resolution 808 (1993),

Expressing once again its grave alarm at continuing reports of widespread
and flagrant violations of international humanitarian law occurring within the
territory of the former Yugoslavia, and especially in the Republic of Bosnia and
Herzegovina, including reports of mass killings, massive, organized and
systematic detention and rape of women, and the continuance of the practice of
“ethnic cleansing", including for the acquisition and the holding of territory,

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 the former Yugoslavia the
establishment as an ad hoc measure by the Council of an international tribunal
and the prosecution of persons responsible for serious violations of
international humanitarian law would enable this aim to be achieved and would
contribute to the restoration and maintenance of peace,

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

Noting in this regard the recommendation by the Co-Chairmen of the Steering

Committee of the International Conference on the Former Yugoslavia for the
establishment of such a tribunal (S/25221),

Reaffirming in this regard its decision in resolution 808 (1993) that an
international tribunal shall be established for the prosecution of persons
responsible for serious violations of international humanitarian law committed
in the territory of the former Yugoslavia since 1991,

Considering that, pending the appointment of the Prosecutor of the
International Tribunal, the Commission of Experts established pursuant to
resolution 780 (1992) should continue on an urgent basis the collection of
information relating to evidence of grave breaches of the Geneva Conventions and
other violations of international humanitarian law as proposed in its interim
report (S/25274),

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

1. Approves the report of the Secretary-General;

2. Decides hereby to establish an international tribunal for the sole
purpose of prosecuting persons responsible for serious violations of
international humanitarian law committed in the territory of the former
Yugoslavia between 1 January 1991 and a date to be determined by the Security
Council upon the restoration of peace and to this end to adopt the Statute of
the International Tribunal annexed to the above-mentioned report;

3. Requests the Secretary-General to submit to the judges of the
International Tribunal, upon their election, any suggestions received from
States for the rules of procedure and evidence called for in Article 15 of the
Statute of the International Tribunal;

4. 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 29 of the Statute;

5. Urges States and intergovernmental and non-governmental organizations
to contribute funds, equipment and services to the International Tribunal,
including the offer of expert personnel;

6. Decides 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 acceptable to the Council, and that the
International Tribunal may sit elsewhere when it considers it necessary for the
efficient exercise of its functions;

7. Decides also that the work of the International Tribunal shall be
carried out without prejudice to the right of the victims to seek, through
appropriate means, compensation for damages incurred as a result of violations
of international humanitarian law;

8. Requests the Secretary-General to implement urgently the present
resolution and in particular to make practical arrangements for the effective
functioning of the International Tribunal at the earliest time and to report
periodically to the Council;

9. Decides to remain actively seized of the matter.