Joint Assembly of the Convention concluded between the African, Caribbean and Pacific States and the European Union (ACP-EU) - Resolutions adopted on the International Criminal Tribunal for Rwanda (ACP- EU/2099/97/fin.)

The ACP-EU Joint Assembly,

- meeting in Brussels from 17 to 20 March 1997,

A. whereas ever since it was set up the International Criminal Tribunal for Rwanda has had serious difficulties, of a financial, administrative and logistical nature, which have prevented it from starting work,

B. noting that as a result the first trial did not start until 9 January 1997, although the Tribunal was instituted by the UN Security Council Resolution of 8 November 1994,

C. deploring the very inadequate resources available to the Tribunal to carry out its task, and the inconsistency of some provisions governing its operation,

D. pointing out, in particular, that the Prosecutor General of the International Criminal Tribunal for Rwanda and the Deputy Prosecutor are based respectively in The Hague and Kigali, while the other agencies of the Tribunal are situated in Arusha,

E. whereas this decentralization is one of the factors that most seriously undermines the effectiveness of the work of the ad hoc Criminal Tribunal for Rwanda, while the Hague Tribunal has more favourable working conditions,

F. noting the decision taken at the beginning of March by the UN Secretary General to accept the resignations of the Registrar and the Deputy Prosecutor, suspected of serious management errors,

G. recalling, however, that the judges are in no way implicated and that numerous procedures have been started,

H. whereas those problems cannot call into question the principle of an international court to try the perpetrators of genocide, such as the genocide committed in Rwanda in 1994,

I. recalling that the States' cooperation, in all respects (financial contributions, collection of evidence, arrest of persons implicated in the genocide, etc.), is crucial to the success of the ad hoc Tribunal's mission,

J. bearing in mind the progress made in establishing an International Criminal Court and the decision of the United Nations General Assembly to convene a Diplomatic Conference in 1998 to set up that Court,

1. Calls on the United Nations to do everything possible to provide that International Criminal Tribunal, as soon and as fully as possible, with the resources to complete its mission successfully;

2. Calls on all European Union and ACP States to cooperate fully with the ad hoc Criminal Tribunal for Rwanda, in particular by making a financial contribution to its operation and by adopting the necessary internal legislation;

3. Reaffirms its support for the principles on which the ad hoc Tribunal is based, which cannot be called into question;

4. Considers that the difficulties encountered in the operation of the ad hoc Tribunal demonstrate the urgent need to establish a Permanent International Court as soon as possible;

5. Invites, consequently, the Member States of the Lomé Convention to continue to support, within the UN, a common position on the need to establish the Permanent International Court in 1998 at the latest;

6. Instructs its Co-Presidents to forward this resolution to the ACP-EU Council, the Commission and to the UN Secretary-General.