International Law in International Tribunals and Domestic Courts
International Criminal Tribunal for Former Yugoslavia
Establishement
RESOLUTION 827 (1993) Adopted by the Security Council at its 3217th meeting on 25 May 1993 (excerpts)
"The Security Council,
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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,
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Acting under Chapter VII of the Charter of the United Nations,
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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;"
Jurisdiction
STATUTE OF THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (excerpts)
Article 1
Competence of the International
Competence of the International
Tribunal The International Tribunal shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 1991 in accordance with the provisions of the present Statute.
Article 6
Personal jurisdiction
Personal jurisdiction
The International Tribunal shall have jurisdiction over natural persons pursuant to the provisions of the present Statute.
Article 7
Individual criminal responsibility
Individual criminal responsibility
2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.
Article 8
Territorial and temporal jurisdiction
Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal shall extend to the territory of the former Socialist Federal Republic of Yugoslavia, including its land surface, airspace and territorial waters. The temporal jurisdiction of the International Tribunal shall extend to a period beginning on 1 January 1991.