UN Security Council Resolution 978 | |
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Date | 27 February 1995 |
Meeting no. | 3,504 |
Code | S/RES/978 (Document) |
Subject | Rwanda |
Voting summary |
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Result | Adopted |
Security Council composition | |
Permanent members | |
Non-permanent members |
United Nations Security Council resolution 978, adopted unanimously on 27 February 1995, after recalling all previous resolutions on Rwanda, including 935 (1994) and 955 (1994), the Council instructed Member States on the arrest and detention of persons responsible for acts during the Rwandan genocide, within the jurisdiction of the International Criminal Tribunal for Rwanda (ICTR). [1]
The security council expressed its concern about reports of genocide and systematic violations of international humanitarian law committed in Rwanda. Such reports were confirmed by the Commission of Experts pursuant to Resolution 935. There was also concern regarding attacks against refugees who voluntarily wish to return to Rwanda and the situation in the refugee camps. It was asserted that those responsible for the acts would be brought to justice.
Addressing Member States, the Council called for the arrest of persons in their territory for whom there was sufficient evidence that they were responsible for acts carried out within the jurisdiction of the ICTR. Countries that arrested suspects were to inform the Secretary-General Boutros Boutros-Ghali and the Prosecutor Richard Goldstone at the ICTR of relevant details concerning their identity, the cause for their detention and evidence against them. The relevant countries were also asked to co-operate with representatives from the International Committee of the Red Cross and investigators at the ICTR.
All attacks on people at the refugee camps on the borders of Rwanda were strongly condemned and the council called for the prevention of such acts. States in which territory the attacks took place in were urged to take action in accordance with the national and international law and to detain and gather evidence against those responsible.
Resolution 978 was non-binding on member states, as Chapter VII was not invoked. [2]
Crimes against humanity are certain acts that are purposely committed as part of a widespread or systematic policy, directed against civilians, in times of war or peace. They differ from war crimes because they are not isolated acts committed by individual soldiers, but are acts committed in furtherance of a state policy. The first prosecution for crimes against humanity took place at the Nuremberg trials. Initially being considered for legal use, widely in International Law, following the Holocaust. Following the Holocaust a global standard of human rights was articulated in the Universal Declaration of Human Rights 1948. Political groups or states that violate or incite violation of human rights norms, as found in the Declaration, are an expression of the political pathologies associated with crimes against humanity.
The International Criminal Tribunal for Rwanda was 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 citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 85 individuals at a cost of $1.3 billion.
International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law.
Augustin Ndindiliyimana is a former Rwandan General and Chief of the Rwandan National Gendarmerie. He was convicted of genocide by the International Criminal Tribunal for Rwanda but he was acquitted by the tribunal upon appeal.
Mass atrocity crimes have historically referred to the three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.
United Nations Security Council resolution 935, adopted unanimously on 1 July 1994, after recalling all resolutions on Rwanda, particularly 918 (1994) and 925 (1994), the Council requested the Secretary-General Boutros Boutros-Ghali to establish a Commission of Experts to investigate violations of international humanitarian law during the Rwandan genocide.
United Nations Security Council resolution 955, adopted on 8 November 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).
United Nations Security Council resolution 965, adopted unanimously on 30 November 1994, after reaffirming all resolutions on the situation in Rwanda, particularly resolutions 872 (1993), 912 (1994), 918 (1994), 925 (1994) and 955 (1994), the Council extended the mandate of the United Nations Assistance Mission for Rwanda (UNAMIR) until 9 June 1995 and expanded its operations.
United Nations Security Council resolution 977, adopted unanimously on 22 February 1995, after recalling Resolution 955 (1994) in which the Council was to determine the seat of the International Criminal Tribunal for Rwanda (ICTR) and noting a report by the Secretary-General Boutros Boutros-Ghali, the Council decided that its seat would be in Arusha, Tanzania.
United Nations Security Council resolution 1165, adopted unanimously on 30 April 1998, after recalling Resolution 955 (1994), the Council established a third trial chamber at the International Criminal Tribunal for Rwanda (ICTR).
United Nations Security Council resolution 1329, adopted unanimously on 30 November 2000, after recalling resolutions 827 (1993) and 955 (1994), the Council enlarged the appeals chambers at both the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY), proposed the election of two additional judges at the ICTR and established a pool of ad litem judges at the ICTY.
United Nations Security Council resolution 1431, adopted unanimously on 14 August 2002, after recalling resolutions 827 (1993), 955 (1994), 1165 (1998), 1166 (1998), 1329 (2000) and 1411 (2002), the Council established a pool of temporary judges at the International Criminal Tribunal for Rwanda (ICTR) in order for it to complete its work as soon as possible.
United Nations Security Council resolution 1503, adopted unanimously on 28 August 2003, after recalling resolutions 827 (1993), 955 (1994), 978 (1995), 1165 (1998), 1166 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1481 (2003), the Council decided to split the prosecutorial duties of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) which had previously been under the responsibility of one official, Carla Del Ponte, since 1999.
United Nations Security Council resolution 1512, adopted unanimously on 27 October 2003, after recalling resolutions 955 (1994), 1165 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1503 (2003) on Rwanda, the Council increased the number of temporary judges serving at the same time at the International Criminal Tribunal for Rwanda (ICTR) from four to nine.
United Nations Security Council resolution 1534, adopted unanimously on 26 March 2004, after recalling resolutions 827 (1993), 955 (1994), 978 (1995), 1165 (1998), 1166 (1998), 1329 (2000), 1411 (2002), 1431 (2002) and 1481 (2003), the Council called on the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to complete all trial activities by the end of 2008.
United Nations Security Council Resolution 1966, adopted on December 22, 2010, after recalling resolutions 827 (1993) and 955 (1994), the Council established a residual mechanism to conclude the remaining tasks of the International Criminal Tribunals for Rwanda (ICTR) and former Yugoslavia (ICTY). It was the final Security Council resolution adopted in 2010.
The International Residual Mechanism for Criminal Tribunals, also referred to as the IRMCT or the Mechanism, is an international court established by the United Nations Security Council in 2010 to perform the remaining functions of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) following the completion of those tribunals' respective mandates.
United Nations Security Council Resolution 1684, adopted unanimously on June 13, 2006, after recalling resolutions 955 (1994), 1165 (1998), 1329 (2000), 1411 (2002), 1431 (2002), 1449 (2002), 1503 (2003) and 1534 (2004) concerning the International Criminal Tribunal for Rwanda (ICTR), the Council extended the terms of 11 judges beyond their expiry dates in order for them to complete the trials in which they were sitting.
United Nations Security Council Resolution 1995, adopted unanimously on July 6, 2011, after recalling resolutions 955 (1995), 1503 (2003) and 1534 (2003) on the International Criminal Tribunal for Rwanda (ICTR), the Council permitted temporary judges at the tribunal to vote or stand as candidates in elections to the presidency of the ICTR.
United Nations Security Council Resolution 1878 was unanimously adopted on 7 July 2009.