Ictr rules of procedure and evidence pdf

International criminal tribunal for rwanda, rules of procedure and evidence, u. In accordance with article 15 of its statute, the international criminal tribunal for the former yugoslavia icty adopted its rules of procedure and evidence on 11 february 1994. Irs shall be submitted to the rules and procedure committee as soon as possible. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Further, according to rule 115 of the rules of procedure and evidence of the tribunal rules, for additional evidence to be admissible on appeal, the following requirements must be met. The rules of procedure and evidence of the international criminal court do not affect the procedural rules for any national court or legal system for the purpose of national. Petur dam leifsson dosent lagadeild haskola islands februar 2010. An assessment of rule 101 of the ictr rules of procedure and evidence, federal sentencing laws in england, france and other countries as well as in prisonerreceiving countries, and the kayishemaruzindana judgement. International criminal tribunal for rwanda wikipedia. A person against whom one or more counts in an indictment. Legacy website of the international criminal tribunal for rwanda. Definitions a in the rules, unless the context otherwise requires, the following terms shall mean. Rules of procedure and evidence international criminal court. A in the rules, unless the context otherwise requires, the following terms shall mean.

These rules of procedure and evidence, adopted pursuant to article 14 of the statute of the tribunal, shall come into force on 29 june 1995. Rules of procedure and evidence contents office of legal affairs. Resolution 955 the statute and by its rules of procedure and evidence the rules. Memorandum for the office of the prosecutor international. Punishment for violations of international criminal law. In elaborating the rules of procedure and evidence, care has been taken to avoid. International criminal tribunal for rwanda tribunal penal.

Legitimacy, judicial legislating, and the sentencing. Rules of procedure and evidence of the ictr deepdyve. These rules of procedure and evidence, adopted pursuant to article 28 of the statute of the special tribunal for lebanon, shall enter into force on 20 march 2009. The rules of procedure and evidence are an instrument for the application of the rome statute of the international criminal court, to which. These rules of procedure and evidence, adopted pursuant to article 14 of the statute of the tribunal, shall come into force on 29 june l995. Rules of procedure and evidence rules of procedure and evidence, adopted on 16 january 2002 ictr rules, applicable mutatis mutandis, as amended on 7 march 2003, as amended on 1 august 2003, as amended on 30 october 2003, as amended on 14 march 2004, as amended on 29 may 2004, as amended 14 may 2005, as amended may 2006, as amended 24. Refworld is the leading source of information necessary for taking quality decisions on refugee status. The requirements for indictments at the icty and ictr, as well as the icc. In all cases, the rules of procedure and evidence should be read in conjunction with and subject to the provisions of the statute. D no judge who sat as a member of the trial chamber before which the witness appeared shall sit for the trial of the witness for false testimony. Miller, from the international criminal tribunal for rwanda to the inter national criminal court. The international criminal tribunal for rwanda ictr.

Pursuant to article 24 of the statute of the tribunal and rule 118 of the rules of procedure and evidence. Ictr 9844, decision on the defence motion, pursuant to rule 72 of the rules of procedure and evidence, pertaining to, inter ah, lack of jurisdiction and defects in the form of the indictment tc, 25 april2001. Requests for amendment of these irs may be made to the rules and procedure committee by a judge, a coinvestigating judge, a coprosecutor, the head of the defence support section. Rules of procedure and evidence adopted on 11 february 1994 as amended 5 may 1994 as further amended 4 october 1994 as amended 30 january 1995 as amended 3 may 1995 as further amended 15 june 1995 as amended 6 october 1995 as further amended 18 january 1996 as amended 23 april 1996 as amended 25 june and 5 july 1996. Urukiko mpanabyaha mpuzamahanga rwashyiriweho u 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. The rules ofprocedure and evidence ofthe international criminal tribunal for rwanda only contain rather limited rules ofevidence, the same is the case with rules ofprocedure and. A in these rules of procedure and evidence, unless the context otherwise requires, the following terms shall mean. Rules of procedure and evidence international criminal. International criminal tribunal for rwanda, rules of. Comparing the rules of evidence applicable before the icty, ictr.

International criminal tribunal for rwanda, rules of procedure and. The general principles ofthe rules ofevidence and procedure i. The rules of procedure and evidence of the international criminal court do not affect the procedural rules for any national court or legal system for the purpose of national proceedings. Rule 2 definitions adopted 11 feb 1994 a in the rules, unless the context otherwise requires, the following terms shall mean. C the rules of procedure and evidence in parts four to eight shall apply mutatis mutandis to proceedings under this rule. These rules of procedure and evidence, adopted pursuant to article 15 of the statute of the tribunal, shall come into force on 14 march 1994. Sep 01, 2005 after 10 years of practice, the question arises as to how the ictr has acquitted itself of this important task set out in the statute and, subsequently, the rules of procedure and evidence. Article 28 2 of the statute mandates the judges to adopt the rpe and, in doing so, to be guided by the lebanese code of criminal procedure lccp and other reference. The act of taking a suspect or an accused into custody.

The rules of procedure and evidence of the international criminal. Rule 2 definitions a in the rules, unless the context otherwise requires, the following terms shall mean. The information has been carefully selected and compiled from unhcrs global network of field. Rules of procedure and evidence of the international criminal tribunal for the former yugoslavia, rule 101, march 14, 1994, as amended hereinafter icty rules. A person indicted by the icty, the ictr, or the mechanism in accordance with article 1 of the statute.

New england school of law international war crimes prosecution project. The provisions framed by the prosecutor pursuant to rule 37a rscsl agreement. Comparing the rules of evidence applicable before the icty, ictr and the icc meistararitger. The detention facility of the residual special court shall include all premises where suspects or accused, or convicted persons are detained in accordance with these rules and with the rules of detention. Rules of procedure and evidence of the international criminal tribunal for the former yugoslavia. Rules of procedure and evidence of the residual special court for sierra leone 7 detention facility.

The tribunal has authority to prosecute persons responsible for serious violations of international humanitarian law committed in the republic of rwanda, and rwandan. Adopte le 29 juin 1995 et modifie successivement les. Entry into force these rules of procedure and evidence, adopted pursuant to article 14 of the statute of the tribunal, shall come into force on 29 june 1995. The rules of procedure and evidence rpe or rules must be based on and consistent with the statute of the tribunal. The prosecutor of the tribunal against jeanpaul akayesu. Ictr prosecutor uses new rule to preserve evidence against. Comparing the rules of evidence applicable before the icty. It reads that the judges of the international tribunal for rwanda shall adopt, for the purpose of proceedings before the international tribunal for rwanda, the rules of procedure and evidence for the conduct of the pretrial phase of the. Refworld international criminal tribunal for rwanda ictr. According to rule 11 backgrounder of the ictr rules of procedure and evidence pdf text, the court may refer a case to another court with jurisdiction over the accused provided that the host country is willing and prepared to accept them, they can receive a fair trial, and they will not face the death penalty or other overlyharsh. Chapter four describes general rules on evidence, namely rules on admission of evidence, rules that exclude the admissibility of evidence and further rules that apply. The appeals chamber restated the applicable law with respect to the admissibility of the additional evidence on appeal. The special deposition hearing allows for evidence to be heard before the court and preserved in the accuseds absence pursuant to the new rule 71 bis of the ictr rules of procedure and evidence text, pdf.

The rules of procedure and evidence are an instrument for the application of the rome statute of the international criminal court, to which they are subordinate in all cases. The trial will now look at the applicable law and principles. Ictr refuses to shift second war crimes trial to rwanda. At any stage of the procedure, the international tribunal for rwanda may formally request national courts to defer to its competence in accordance with the present statute and the rules of procedure and evidence of the international tribunal for rwanda.

The rules of procedure and evidence of the icty leiden. Due to the fact that they were intended to serve as a basis for the discussions, the draft rules were accompanied by a disclaimer indicating that the approach taken on any particular issue did not necessarily reflect the final view of australia. This chapter further deals with witnesses, their oral or written testimony, as well as the special rules that apply to expert witnesses. Ictr 951di and ictr 9610i, prosecutors request for the referral of the case of charles sikubwabo to rwanda pursuant to rule 11 his of the tribunals rules of procedure and evidence, 4 november 2010 referral request, annex a. Rules of procedure and evidence should be read in conjunction with and subject to the provisions of the statute. Considering the written submissions of the parties and their oral arguments at the hearing of 2 july 2002, sitting in open court. The special court for sierra leone, the residual special. Rules of procedure and evidence of the ictr adopted on 29 june 1995. The rules of procedure and evidence are reproduced from the official records of the assembly of states parties to the rome statute of the international.