Professional Documents
Culture Documents
$'2015,562
Provisional
24 Jub' 205
Origisat: English
idetified that the aircraft was destroyed by a large number of high energ? obiects
that penelrated the aircraft from the outside, recatling the briefing offl-m Council on
I9 September 2014 and nofin2 dxo the resohltion on MHI 7 adopted b} the Council
of'the International Civil Aviation Organisalion on 28 Oclober 2014,.
RocJ,/ir,,n/ng dse ules o1" hsternational law that prohibh acts of violence that
pose a threat to the safety of international civil aviation and in this regard deploring
al other acts of violence against civilian aircralk,
?'/(,f/ng aJso the Idlers addressed to ll[s Council by rise Govermsent of the
Netherlands dated 1.6 December 20t4 (S/20t4,'903} and 20 July 2015 (S/20!5/551).
respecti,,ely amouncing tle creations of a .!oint Investigation Team to coordiate the
hsternational criminal investigatiom v,,itl the aim of' bringing the perpetrators to
justice, and providing an upda'e in relation to fle status of that investigation, as wel
as rise recovery and repatrialion mission and the international technica h3vestigaion
into the cause office crash
DeG)/), concowod by all acts of violence that pose a threat to die safety of civil
aviatioo
DUdm;inin that this violenl act and ils implications %r the safety of civil
aviation corstitute a threat to irKernatioal peace ad securily,
Dotot'mincd 1o deter future attacks on civil aircraft arid to take effective
measures to bring 1o justice the persons v, ho are responsible for this incid<mt,
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Bc4M, ing that the establishment of an international tribunal and the
prosecution of persons responsible fbr this incident will contribute to the safety ot"
civil aviation and to maintenance of international peace and security,
ConviHced that in the particuMar circumstances of this incident, the
establishment of an international tribunaJ would be an effective guarantee for an
independent and impartial accountability process in accordance with imernationat
standards.
RcJtrring to the letter from the Governments of Australia. Belgium, Malaysia,
The Netherlands and Ukraine dated 10 July 2015 (S/2015/528). and ackfTou'/odgqng
their commitment to ensuring the effective functioning of an international tribunal,
which will build upon the work of the Joint |nvestigation Team,
Acting under Chapter VII of the Charter of the United Nations,
!.
Re, iterates its deepest sympathies and condolences to the f'amiIies of the
victims of this incident and to the people and governments of the victims countries
of origins:
2.
DemanU" that aln States and other actors refrain from acts of violence
(a//s pon all States and actors in the region to accord tkdl cooperation
Rc, quesls the States working together in the Joint Investigation Team to
continue to keep the Council fully and regularly informed of the progress of its
investigation as appropriate and without prejudice to the confidentiality of the
crhninal investigation:
5. Ursges the earliest possible finalization of the international technical
investigation into the cause of the crash and the criminal investigatiom without
prejudice to the quality of those investigations;
6. Decides to establish an international tribunal %r the sole purpose of
prosecuting persons responsible Rr crimes connected with the downing of Malaysia
Airlines flight MHI7 on 17 July 2014 in Donetsk Oblast. Ukraine. and to this end
adopts the Statute of the International Criminal Tribunal for Malaysia AMines
Flight MttI7 annexed hereto;
7.
Decides that all States shall cooperate fully with the Internationa!
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 taw 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 in accordance with the Statute of the international
Tribunal and requests States to keep the Secretary-General informed of such
measures:
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Annex
Flight MH17
Having been established by the Security Council acting under Chapter VII of the
Charter of the United Nations, the lmernational Criminat Tribunal for Malaysia
Airlines FHight MHI7 (hereinafker referred to as "'the Tribunal"), shall function and
exercise its jurisdiction in accordance with the provisions of the present Statute.
Section [
Jurisdiction of the Tribuna!
Article !
Crimes within the jurisdiction of the Tribunal
The Tribunal shall have jurisdiction over persons resp({nsible for crimes
connected itb the downing of Malaysia Airlines flight MHI7 on t7 July
2014.
2,
Article 2
War crimes
For the purpose of this Statute, war crimes means:
a)
b)
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c>
d}
Offset serious violations oftle taws and customs applicable i,a armed
cors[icts not of an iterratiosal character within the established
'ramewok of interational law, nameiy intentionally directig atacks
asainst 1he civiIias popuIation as such or against hdividual civi!iat_s not
For the purpose of finis Statuleo crimes under tle Criminal Code of )kraire means:
a}
b)
c}
d)
e}
Crimes againsl pubIic safeb, as defined in Articles 258 and 258=3 lo 2585:
f}
Article 263:
ConceaImerst of'a criminaI offense as defined in Article 396:
h}
Secto H
Provisos appeab}e to aH Crimes
Article 5
The Tribunal shall have jurisdiction over natural persons pursuant to the provisions
of the present Slatute.
Article 6
Exeusio ofjrsdictior oer pers<s rde eightee
The Triburla! shal ia,e no iurisdiction over any person wh_o was under the age of
g at he tirade ofhe alleged commissior of a crime.
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Article 7
Irrelevance of official capacity
This Statute shall apply' equally to all persons without any distinction based on
official capacity. Ii3 particular, official capacity as a Head of State or
Government, a member of a government or parliament, an elected
representative or a government official shall in no case exempt a person {'tom
criminal responsibility under this Statute, nor shall it, in and of itselK
constitute a ground for reduction of sentence.
2.
Article 8
Statutes of limitation
The crimes defined in article 2 shall not be subject to any statute of limitation.
Where a statute of" limitation applies under national lax< the statute of limitation for
The Tribunal and national courts sha!l have concurrent jurisdiction over
persons responsible for crimes connected with the downing of Malaysia
The Tribunal shall have primacy over ational courts. At any stage of
proceedings bef'ore a national court, the Tribunal may forma!ly request that
national court to defer to the competence of the Tribtmal in accordance with
this Statute and the Rules of Procedure and Evidence, if the interests of justice
so require.
3.
The Tribunal shall have the authority to refer a case to a national court where
the interests of justice so require.
Arlicle I I
Ne bis in idem
Except as provided in this Statute no person shall be tried before the Tribunal
with respect to conduct that formed the basis of crimes for which the person
has been convicted or acquitted by the Tribunal.
2.
No person shall be tried by another court ffr a crime referred to in article 1(2)
for which that person has already been convicted or acquitted by the Tribunal.
3.
No person who has been tried by another court for conduct referred to in
article 1(2) shall be tried by the Tribunal with respect to the same conduct
unless the proceedings in the other court:
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a)
Were fcr the purpose of shieJding the person concerned flom crimirml
Article 2
An amnesty grained to any person %r any crime fIting within @e jurisdiction of@e
Tribunal shall not be a ba to prosecution or punishmerm
Sectior H
Pro,0,dsiors appcaWc to crkaes defiaed Article 2
Artide 3
di,idaI crimia resposibiHty fir crimes defired s article 2
A person shall be criminally responsible and liable %r punishment %r war crimes if"
that person:
Commits such a crime whether as an hsdividuaI, joimy with another or
@rough another person, regardless of whether that o@er person is
criminally responsible:
b}
c)
d)
e)
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Article 14
Responsibility of commanders and other superim's
a)
b)
Ji)
Article 15
Grounds for excluding criminal responsibility for war crimes
a)
The person suffers from a mental disease or defect that destroys that
person's capacity to appreciate the unlawfulness or nature of his or her
conduct, or capacity to control his or her conduct to conform o the
requirements of law;
b)
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c}
d)
ii)
Article t6
Mistake of fad or mistake of law
A mistake of fact shall be a ground %r excluding criminal responsibility %r a
war crime only if it negates the mental element reqtAred by 1he crime,
2.
Article 17
Superior orders ad preseriptio of law
The *.act that a war crime has been committed by, a person pursuant to an order off a
government or of a superior, whether military ot civilian, shall not relieve that
(b) Fhe person did not know thai the order was unlawfll: and
The order was not manifestly tmlawfll,
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Section IV
Provisions applicable to crimes defined in articles 3 and 4
Article 18
Provisions applicable to crimes defined in article 3
With respect to crimes defined in article 3. the Tribunal shall apply section 13 of the
Aviation Offences Act 1984 of Malaysim and Chapters IV (General Exceptions),
V (Abetment) and VA (Criminal Conspiracy) of the Penal Code of Malaysia and
other provisions of the substantive criminal law of Malaysia considered relevant by
the Tribunal in the context of the specific criminal proceedings, and compatible with
this Statute and internationally recognised norms and standards.
Article 19
Provisions applicaMe to crimes defined in arfick 4
With respect to the crimes defined in article 4, the Tribunal shaJl apply Chapters lI[
(Criminal offense, its types and stages), V (Guilt and its forms), V1 (Complicity),
and VIII (Circumstances excluding criminality of an action) of the Criminal Code of
Ukraine and other provisions of the substantive criminal law of Ukraine considered
relevant by the Tribunal in the context o{" the speci{?c criminal proceedings, and
compatible with the Statute and internationally recognised norms and standards.
Section V
Organization of the Tribunal
Article 20
Organs of the Tribunal
The Tribunal shall consist of the I%llowing organs:
a)
Appeals Chamber;
b) The Prosecutor:
c) The Registry.
Article 21
Composition of the Chambers
t.
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The presiding judge of the Appeals Clumbe shat! be Presidem of the
'YribuIat.
5 Ajudge shaIi serve osly is 1he Chamber {o vchich he or she was assigied
A{kb 22
Qtmiih'a{bs ofjtdges
The judges shall be chosen; from among persols of high rsoral dmracter,
impartiality and istegri{y sho possess the qualii'ications requited i their
espective Slates for appoimmem to the highest judicial offices The),' shalt be
irdependent in the peformasce of their fusctions arid shall not accept or seek
i]!strt!ctiO13S ]*Om a%y>(*ovensmetst or a iv., other source.
2,
Every tsomilsee %r ffe positiol ofjtdge of the Tribmml shall have established
compete<e in crimMal taw and procedure, raking into accoum {he need t'o
the Tribmml to appb' imenmtioml lay,. as >.eII as the domestic laws of"
Mataysia and Ukrair< ad shalI peferably have retevam experietce, whe{he
as judge, prosecutor advocate or it, other simiIar capacity., i-n crimirm}
3,
Every lomiee Ibr 1he positio of judge of the Tribmsal shall have a, excelbnt
knowledge of ald be fluent in the working Iaguage of the 'Tribulml
Ar{kb 23
Appohtme{ ofjadges
At the invitation of the Secretary-General of the United Natioas Slates may
The Secretory-Get, era[ shall appoint judges, as and whets the fmsctiordng of{he
Tribunal so requires. Appointmems are made upor} the recommeisda{io of a
selections paneJ he or s!e has established after indicatisg his or her imentiois
to "{he Security Comscil. The selections paneI shall be composed of two judges..
curremly shting o or rethed from an imermtional crimmat tribu3al, ad a
represemative of 1he Secretary-GeseraI
No two judges ol"de same mtionatity shall be appointed.
4.
The judges shall be appoimed for a five-year period and may be eligibJe %r
reappoh-ment %r a further period o be deermh-ed by the Secretary-Get, oral
A r{kqe 24
Powers of the Preside of the Tr[bua
The Presidem of {he Tribmml shaft be responsible %r essurisg the efficiecy
ad effectiveness of the Triburm!.
The Presidem of the TribmM shall submit a, am>m! report of the Tribtlnal to
the Secrh), Coci! ad to de General Assembly.
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Article 25
Tile Prosecutor
1.
The Prosecutor shall be responsible iror investigations, taking ito account the
The Prosecutor shal! act independently as a separate organ of the Tribunal tie
or she shall not seek or receive instructions from any governmet or from any
other source,
The Office of the Prosecutor shall be composed of a Prosecutor and such other
quanif'ied staff as may be required. With regard to the composition of the staff
the Prosecutor shall take into account the need to liaise effectively with the
next ofkh of victims,
,4.
5.
The Prosecutor shall be of high moral character and possess the highest level
of competence and experience in the conduct of investigations and
prosecutions of criminal cases. The Prosecutor shall serve tr a five-year term
and be eligible for reappointment. The terms and conditions of service of the
Prosecutor shall be those of an Under-Secretary-General of the United
Nations.
6.
The staff of the Office of the Prosecutor shall be appointed by the SecretaryGeneral on the recommendation of the Prosecutor.
Article 26
The Registry
!.
The Registry shall be responsible for the administration and servicing of the
Tribunal.
2.
The Registry shall consist of a Registrar and such other staff as may be
required.
3.
and be eligible for reappointment. The terms and conditions of service of the
Registrar shall be those of an Assistant Secretary-General of tile United
Nations.
4.
5.
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The Registry shal! include within it a Defence Office, which will administer,
on behalf of the Registrar. a list of Defence Counsel eligible to practice before
the Tribuna!, as wel! as a system of legal aid for representation of indigent or
partially indigent accused bere the Tribunal.
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6o
The P.egistry shal inctude ;ffhin i a %/iness Protection and Support Office.
which sba!l
in consuHatios where
with the
Prosecutor's Office o Defer/ce CotmseL court ordeled or otlsewise necessary
measures asd
aangemenls,
asd oflse],
appropriate assistarlce fbr witnesses and ot/es who ate at risk on accoulst of,
teslimohy given by witnesses.
Arii{.[e 27
Article 28
Res of Proeedtre am;d Evidence
The judges of the Tribunal shall as soon as practicable afie [aking office, adopt
rules of procedure and evidence for rise conduct of" d;e trials and appeal rise
admission of evidence, rise potecdon of witnesses and other appropriate matters
and may amend flsem as appropriate.
Section V
nvestgation atd proseetor
Ar{iee 29
Joit nvestigatio Team
The P'osecutor sisal[ receive and co;sider evidence collected by the Joint
Dvestigation Team.
Article 30
vestgatio ad preparatiot of idietme{
The Prosecutor shall initiate investigations propri( ,,,,(.#, or on {}e basis of
reformation obtained flom any somce, particularly from governments United
Natio;ls oea]ss Mteovefnmen{a!($ a]d nor>overnmentaI{) orga]izaions, as
secessary and appropriate, uddng imo account fl-e investigation conducted by
the ,toint Investigation Team The Prosecutor shall assess the information
received or obtained and decide whether flere is sufficient basis to proceed.
2.
b)
c)
d>
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e)
3,
Artide 31
Review of the indictment
1.
The Pre-TriaJ Judge to whom 1he indictment has been transmitted shall review
it. !If satisfied that a prima./Lwic case has been established by the Prosecutor
he or she shall confirm the indictment. If not so satis}]ed the hdictment shaJJ
be dismissed.
2.
Section VII
Rights of the accused and other persons
Article 32
Rights of persons duriiig an investigation
1.
2)
b)
c)
Where there are grounds }.o believe that a person has committed a crime within
the jurisdiction of the Tribunal and that person is about to be questioned either
by It]e Prosecutor, or by national authorities pursuant to a request made by the
Tribunal, that person shall also have the following rights of which he or she
shah be infnrmed prior to being questioned:
a)
!4/23
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b)
c)
d)
AIMe 33
Rights of the accused
Everyolse shalt be presumed imsocent umi proven guilty be%re the Tibunal.
The onus is os the Prosecutor to prove the guilt of the accused, In order to
convict the accused, the Tribunal must be colsvisced of the guiIt of the accused
beyoisd reasolsabJe dosbL
2.
b)
c)
d)
Witlsout prejudice to article 38, to be presem at the trial, lo cow, duct the
defece in perso or through Iega assistance of flie accused's choosbsg
Io be i,fformed, if the accused does not have legal assistace, of this right
asd to have Jegal assistance assigned by the TribtmaI in any case shere
the [merests of justice so require, asd without payme,st if rise .accused
acks sufficient means to pay %r it:
To examine, or [save examined, the witnesses against him or iser arid to
obtain the attendance and examhatios of witnesses on Ms or her behalf
u,sder the same cor, ditios as witnesses against him or her The accused
shall also be e,stitled to raise defesces and to preset other evidence
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h)
i)
Not to have imposed on him or her any reversal of the burden of proof or
an2 onus of rebuttal.
3,
In addition to any other disclosure provided for in this Statute, the Prosecutor
shall as soon as practicab[e, disclose to the defence evidence in the
Prosecutor's possession or control which he or she believes shows or tends to
show tt;e innocence of the accused, or to mitigate the guilt of the accused, or
which may affect the credibility of prosecution evidence. I[n case of doubt as to
the application of this paragraph, the Tribunal shall decide.
Article 34
Protection of witnesses
['be Tribunal shah take appropriate measures to protect the safety, physical
and psychological well-being, dignity and privacy of witnesses. In so doing,
the Tribunal shall have regard to all relevant factors, inchding age, gender and
heath, and the nature of the crime. The Prosecutor shall take such measures
particularly during the investigation and prosecution of such crimes. These
Artiek 35
Confidential information
A State may make an application for necessary measures to be taken in respect of
the protection of is servants or agents ad the protection of confidential or sensitive
information.
Section VIII
Conduct of proceedings
Article 36
Commencement and conduct of trial proceedings
The Trial Chamber shall ensure that a trial is fair and expeditious and that
proceedings are conducted in accordance with the Rules of Procedure and
Evidence, with full respect for the rights of the accused and due regard for the
protection of witnesses.
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2.
The Trial Chamber shall read fle indictmett, satis],' itseiflhat the nights of the
accused are respecle& confirm 1hal tle accused understa]ds fl'e indiclment
and isslruct the accused to enter a plea ]!e Trial Chamber shai risen set the
date for trial.
4.
The hearings shall be public utless the Trial Chamber decides to close the
proceedil_gs in accordarce with articie 34(2} and its Rules of Procedure and
Evidence
Ar{kie 37
Powers of the Chambers
The Tribunal shall confie rise trial appella/e and review proceedings stric!ly
tO all expeditious hearig of tle issues raised by fle charges or the grounds
for appeal or review respectbeJy. It shal take strict measures to prevent ay
acio!l that may cause unreasonable delay.
A Chambe may admit asy relevant evidence tbal it deems to have probative
value and exclude such evidence if its
value is substantially
outweighed by the need to ensure a idr that,
A Chamber may receive rise evidence of a witness orally or where the imerests
of justice allo,o ht written form.
5.
A Chamber shaft not require proof of facts of common ktsowledge but may
Chamber shall
determiatio of the matter before it and are colsonant with the spiril of fle
Statule and the gelerat principles of law.
Ar{ide 38
Trias @ abse,tia
The ]ribunai may corduct trial, proceedings i the absence of the accused, if
he or she:
a}
Has tsot beet handed over to the Tribuna by fle State authorities
concerned; ot
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b)
When hearings are conducted in the absence of the accused, the Tribunal shall
ensure that:
a)
The accused has been notified, or served with the indictment, or notice
b)
c)
counsel has been assigned by the Tribunal with a view to ensuring f`ull
representation of the interests and rights of the accused.
3.
hi case of conviction h als'Htia, the accused shal! have the right to be retried
in his or her presence befkre the Tribunal unless he or she accepts the
Article 39
Plea agreement
1.
The Prosecutor and the Defence may agree that. upon the accused entering a
plea of guilty to the indictment or to one or more counts of the indictment, the
Prosecutor shah do one or more of the following before the Trial Chamber:
a) apply to amend the indictment accordingly:
b) submit that a specific sentence or sentencing range is appropriate;
c)
2.
Article 40
Offences against the administration of justice
!,
The Tribunal shall have jurisdiction over the following offences against its
administration of justice when committed intentionally:
a) Giving t;alse testimony when under an obligation to teJl the truth:
b) Presenting evidence that the party knows is false or tkrged:
c)
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e)
Article 41
The Tria! Chamber% judgmen sbal be based on its evaluation of the evidence
and the entire proceedings. The jdgment shall not exceed the facts and
circumstances described in the charges and any amendmems to the charges.
fhe Tribunal may base its judgmem only on evidence submit'ted and discussed
before it at the tr{al.
The judges sha[ attempt to achieve unasimity in their iudgmem liting which
the decision sha[I be Iaken by a majority of the judges.
3.
4.
The judgment shall be in writing and shal! contain a full alsd reasoned
statement of the Trial Chamber% findings o "the evidence and concksions.
The Trial Chamber shall issue one judgment When here is no urmnimib< the
Trial Chamber% judgmem shatl contain Je vies of the majority and the
rninority The judgment or a summary thereof shall be delivered in open cour
Ar{ieb 42
Parkipa{br of frhe ext of kb of' k4ims
The Tribunal shall permit the t}ext of kin of victims to presem their views and
concerns at the sentencing stage off fle proceedings, in a manner that is; not
prejudicial to or inconsistent with the rights of the accused and a fair and impartial
trial, and i accordance with the Rules ofiProcedure and Evidence.
The Trial Chamber shall hrpose upon a convicted person imprisomsem- for a
specified number of years which may ot exceed a maximum of 30 years or
for life when justified by the extreme gravity of the crime and the individuai
circumstances of the convicted person n
the terms of
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inprisonmeiI f'or the crimes provided for in this Statute, the Trial Chamber
shall have recourse to international practice regarding prison sentences and,
where appropriate, to the practice of" the national courts of Ukraine or
Malaysia.
2=
111 imposin,, semence, the Trial Chamber should take into account such factors
as the gravity of the offence and the hldividual circumstances of the convicted
person.
3,
4,
When a person has been convicted of more than one crime, the Tribunal shall
pronounce a sentence for each crime and a joint sentence specifying the tolal
Article 44
Compensation to next of kin of victims
1.
of next of kin of victims and shall state the principles on which it is acting,
taking into account any other compensation available.
2.
Article 45
Appellate proceedings
!. The Appeals Chamber shall hear appeals lom persons convicted by the Trial
Chamber o1" from the Prosecutor on the following grounds:
a)
b)
2.
3.
The Appeals Chamber may affirm, reverse or revise the decisions taken by the
Trial Chamber.
4.
Article 46
Review proceedings
Where a new fact has been discovered that was not known at the time of the
proceedings before the Trial Chamber or the Appeals Chamber and which
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could have been a docisive 'actor in reaching the decision tIe convided
penson or the Prosecutor may submit o the Tribunal an appIicutio fbr review
o the iudgmerit.
a}
b)
id[ele 47
Edb'eeme{ of seterH:es
Adiele 48
Pardo o eommtatior of selerces
/ pLrsuat to the applicable taw of the State in which the convicted person is
imprisoned, he or she is eligibIe for pardon or commutation of sentence, de State
concerned shall notif2}/ be Tribunal according/). The President of the Tribunal. in
coBsultation with the .ludges. shall decide the matter on de basis of the interests oF
.}ustice and tDe general principles of law
Article 49
Trarsfer of eorvded persoHs po eomplelior of se;tenee
Following @e completion ofhe sentence, a person who is not a national of the State
of" enforcement may. in accordance with the law of @e State of" enf'ocement, be
transferred to a State that is obliged to receive him or her. or to another State >lich
agrees to receive him or her, taking into account aru ",ishes of" the person 1o be
trans'rred to that State, unless the State of enforcemem au@orizes the person to
remain in its terNtory.
Seedon IX
Ooooperado and jdieial assistaee
Article 50
o-operatiot ad jdkqal assis{aee
States s}all co-operate wkh the Tribunal h the investigation and prosecution
of persons accused of havh3g committed crimes within the jurisdiction of" the
TNburlal.
2=
States shall comply without urtdue delay with any lequest for assistarce or an
oder issued by the Tribuml, iBchdhsgo but not limited to:
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a) the identification and location of" persons;
b) the taking of testimony and the production of evidence:
c)
d)
e)
Article 51
Proleclion of lalioaal security iatbrmation
l,
This article applies in any case where the disclosure of the information or
documents of a State would, in the opinion of that State, prejudice its national
security interests. This article shall also apply when a person who has been
requested to give hlforrnation or evidence has refused to do so or has referred
the matter to the State on the ground that disclosure would preiudice the
national security interests of a State and the State concerned confirms that it is
of the opinion that disclosure would prejudice its national security interests.
.
3,
If a State learns that in{'ormation or documents of the State are being, or are
likely to be, disclosed at any stage of the proceedings, and it is of the opinion
that disclosure would prejudice its national security interests, that State slmll
have the right to intervene in order to obtain resolution of the issue in
accordance witt this article.
.
(a)
(b)
(c)
different form: or
(d)
5.
Once all reasonable steps have been taken to resolve the matter through
cooperative means, and if the State considers ttat there are no means or
conditions under which the information or documents could be provided or
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Ardck 52
Thirdq}arty iffo-mado o doeumets
if a State is requested by the Tribsna! to provide a document or information in is
custody, possession or control, ,aMch was discIosed to it hi confidence by a Stat<
intergovernmenta/ organization or international o'ganizationo file State shall seek tile
conseli o[" the originalor to disclose that document or irlkyrmatiom The State shaJl
eiflter consent to disclosure of die hs%rmadon or doctmsent or undertake to resolve
the issue of" disclosure with the Tribunal. v, ithout pr@udice to the provisions of
article 5 1.
Section X
Ph4eges and mmmides, seat asd expe - ses
Adicle 53
Privileges ad mmities of {he TFibtHa
The Convention on the Privifeges and lmmulities of tile United Nations of
13 February' 1946 shall apply to the '['ribulaL the judges, the PIosecutor and
isis or her staff\ and the Registrar and his o her staff.
2.
The judges, the P'oseculor and the Registrar shall enjoy tile }rivieges and
immunities, exemptions and faciIities accorded to
envoys, in
accordance sith international law.
The staff of the Prosecutor and of the Registrar shall enjoy the }rivieges and
immunities accorded to officials of" the United Nations under articles V and
V[1 of the Convenlion referred to in paragl'aph I.
Other persons including tile accused, required at the seat of the Tribunal shall
be accorded such treatment as is necessary %r the proper fundioting of the
Tribunal.
Adiee 54
Seat of the Tribtaa
The Tdbunat shaII have its scat in the Netherlands
Artiek 55
Expe-ses of the Tba
The expenses ofifile Tribuval shall be borse by vohmtar}' contributions from States
23/23