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The United Nations (International Tribunal) (Former Yugoslavia) Order 1996

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  1. Introductory Text

  2. 1.Citation, commencement and extent

  3. 2.Interpretation

  4. 3.Purpose of this Order


    1. 4.Endorsement of warrants of arrest

    2. 5.Provisional warrants of arrest

    3. 6.Proceedings before competent court after arrest

    4. 7.Statement of case by competent court

    5. 8.Statement of case in Scotland

    6. 9.Securing attendance of person as witness or to assist in investigations

    7. 10.Transfer of prisoner to give evidence or to assist in investigations

    8. 11.Review of orders of competent court

    9. 12.Remand and bail

    10. 13.Discharge of persons not delivered up


    1. 14.Discontinuance of relevant proceedings


    1. 15.Transmission of information and records

    2. 16.Search etc. for material relevant to International Tribunal investigation

    3. 17.Search, etc for material relevant to International Tribunal investigation: Scotland

    4. 18.United Kingdom evidence for International Tribunal use

    5. 19.Service of process

    6. 20.Enforcement of orders for the preservation or restitution of property

    7. 21.Proceedings to determine the ownership of property

    8. 22.Immunities and privileges


    1. 23.Warrants of arrest

    2. 24.Proceedings before a competent court under article 6, 9 or 10

    3. 25.Legal custody

    4. 26.Custodial sentences under United Kingdom law

    5. 27.Evidence

  9. Signature



      1. Article 1

        Competence of the International Tribunal

      2. Article 2

        Grave breaches of the Geneva Conventions of 1949

      3. Article 3

        Violations of the laws or customs of war

      4. Article 4


        1. 1.The International Tribunal shall have the power to prosecute persons...

        2. 2.Genocide means any of the following acts committed with intent...

        3. 3.The following acts shall be punishable: (a) genocide;

      5. Article 5

        Crimes against humanity

      6. Article 6

        Personal jurisdiction

      7. Article 7

        Individual criminal responsibility

        1. 1.A person who planned, instigated, ordered, committed or otherwise aided...

        2. 2.The official position of any accused person, whether as Head...

        3. 3.The fact that any of the acts referred to in...

        4. 4.The fact that an accused person acted pursuant to an...

      8. Article 8

        Territorial and temporal jurisdiction

      9. Article 9

        Concurrent jurisdiction

        1. 1.The International Tribunal and national courts shall have concurrent jurisdiction...

        2. 2.The International Tribunal shall have primacy over national courts. At...

      10. Article 10


        1. 1.No person shall be tried before a national court for...

        2. 2.A person who has been tried by a national court...

        3. 3.In considering the penalty to be imposed on a person...

      11. Article 11

        Organization of the International Tribunal

      12. Article 12

        Composition of the Chambers

      13. Article 13

        Qualifications and election of judges

        1. 1.The judges shall be persons of high moral character, impartiality...

        2. 2.The judges of the International Tribunal shall be elected by...

        3. 3.In the event of a vacancy in the Chambers, after...

        4. 4.The judges shall be elected for a term of four...

      14. Article 14

        Officers and members of the Chambers

        1. 1.The judges of the International Tribunal shall elect a President....

        2. 2.The President of the International Tribunal shall be a member...

        3. 3.After consultation with the judges of the International Tribunal, the...

        4. 4.The judges of each Trial Chamber shall elect a Presiding...

      15. Article 15

        Rules of procedure and evidence

      16. Article 16

        The Prosecutor

        1. 1.The Prosecutor shall be responsible for the investigation and prosecution...

        2. 2.The Prosecutor shall act independently as a separate organ of...

        3. 3.The Office of the Prosecutor shall be composed of a...

        4. 4.The Prosecutor shall be appointed by the Security Council on...

        5. 5.The staff of the Office of the Prosecutor shall be...

      17. Article 17

        The Registry

        1. 1.The Registry shall be responsible for the administration and servicing...

        2. 2.The Registry shall consist of a Registrar and such other...

        3. 3.The Registrar shall be appointed by the Secretary-General after consultation...

        4. 4.The staff of the Registry shall be appointed by the...

      18. Article 18

        Investigation and preparation of indictment

        1. 1.The Prosecutor shall initiate investigations ex-officio or on the basis...

        2. 2.The Prosecutor shall have the power to question suspects, victims...

        3. 3.If questioned, the suspect shall be entitled to be assisted...

        4. 4.Upon a determination that a prima facie case exists, the...

      19. Article 19

        Review of the indictment

        1. 1.The judge of the Trial Chamber to whom the indictment...

        2. 2.Upon confirmation of an indictment, the judge may, at the...

      20. Article 20

        Commencement and conduct of trial proceedings

        1. 1.The Trial Chambers shall ensure that a trial is fair...

        2. 2.A person against whom an indictment has been confirmed shall,...

        3. 3.The Trial Chamber shall read the indictment, satisfy itself that...

        4. 4.The hearings shall be public unless the Trial Chamber decides...

      21. Article 21

        Rights of the accused

        1. 1.All persons shall be equal before the International Tribunal.

        2. 2.In the determination of charges against him, the accused shall...

        3. 3.The accused shall be presumed innocent until proved guilty according...

        4. 4.In the determination of any charge against the accused pursuant...

      22. Article 22

        Protection of victims and witnesses

      23. Article 23


        1. 1.The Trial Chambers shall pronounce judgements and impose sentences and...

        2. 2.The judgement shall be rendered by a majority of the...

      24. Article 24


        1. 1.The penalty imposed by the Trial Chamber shall be limited...

        2. 2.In imposing the sentences, the Trial Chambers shall take into...

        3. 3.In addition to imprisonment, the Trial Chambers may order the...

      25. Article 25

        Appellate proceedings

        1. 1.The Appeals Chamber shall hear appeals from persons convicted by...

        2. 2.The Appeals Chamber may affirm, reverse or revise the decisions...

      26. Article 26

        Review of proceedings

      27. Article 27

        Enforcement of sentences

      28. Article 28

        Pardon or commutation of sentences

      29. Article 29

        Cooperation and judicial assistance

        1. 1.States shall cooperate with the International Tribunal in the investigation...

        2. 2.States shall comply without undue delay with any request for...

      30. Article 30

        The status, privileges and immunities of the International Tribunal

        1. 1.The Convention on the Privileges and Immunities of the United...

        2. 2.The judges, the Prosecutor and the Registrar shall enjoy the...

        3. 3.The staff of the Prosecutor and of the Registrar shall...

        4. 4.Other persons, including the accused, required at the seat of...

      31. Article 31

        Seat of the International Tribunal

      32. Article 32

        Expenses of the International Tribunal

      33. Article 33

        Working languages

      34. Article 34

        Annual report

  10. Explanatory Note

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