Humanitarian efforts threatened by security problems: international tribunal created.

Acting under Chapter VII of the UN Charter, the Security Council on 8 November established an international tribunal for Rewanda to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in that country and Rwandese citizens responsible for such acts committed in neighbouring States between 1 January and 31 December 1994.

The 32-Article Statute of the International Tribunal was adopted by the Council under resolution 955 (1994), by a vote of 13 to 1 (Rwanda), with 1 abstention (China).

The Tribunal is to consist of three main organs: the Chambers (comprising two three-judge Trial Chambers and one five-judge Appeals Chamber); the Prosecutor; and a Registry responsible for administering and servicing the Tribunal. The Prosecutor is Justice Richard Goldstone, who is also Prosecutor of the International Tribunal for the Former Yugoslavia.

Convinced that the prosecution of those responsible for violations of humanitarian law would contribute to national reconciliation and peace in Rwanda, the Council asked the Secretary-General to implement urgently resolution 955 (1994) and arrange for the Tribunal's effective functioning, including making recommendations at the earliest time on locations for the Tribunal's seat. The Secretary-General was asked to make periodic reports.

The Council considered that the Government of Rwanda should be notified before decisions were taken concerning the enforcement, pardon or commutation of sentences. It decided to consider increasing the number of judges and Trial Chambers of the Tribunal if it became necessary. It also decided that an office would be established and proceedings would be conducted in Rwanda, where feasible and appropriate, subject to the conclusion of similar appropriate arrangements.

The Council further decided that all States shall cooperate fully with the Tribunal and take any measures necessary under their domestic law to implement the provisions of the Statute and the Council resolution, including the obligation to comply with requests for assistance or orders by a Trial Chamber. States were asked to keep the Council informed of such measures.

According to the Statute, the Tribunal has the power to prosecute persons committing genocide, which is defined as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Such acts include: killing members of the group and causing them bodily or mental harm; deliberately inflicting conditions calculated to bring about the group's physical destruction; imposing measures to prevent births; and forcibly transferring children to another group. The Statute stipulates that conspiracy, public incitement and the attempt to commit genocide, and complicity in genocide shall be punishable.

The Tribunal has the power to prosecute persons responsible for crimes committed as part of a widespread attack against any civilian population on the basis of national, political, ethnic, racial or religious grounds. Such crimes include: murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; and other inhumane acts.

Prosecutor Goldstone visited Kigali on 19 and 20 December and had talks with the Rwandese Government, which assured him of full cooperation. The Office was to open in January 1995.

Mandate extended

On 30 November, the Council, in adopting resolution 965 (1994), extended the mandate of the UN Assistance Mission for Rwanda (UNAMIR) until 9 June 1995. It also expanded the mandate to enable the Mission to contribute to the security of the Tribunal's personnel and of human rights officers, including full-time protection for the Prosecutor's Office, as well as security details for missions outside Kigali, and to assist in establishing and training a new, integrated police force. Those tasks would be in addition to contributing to the security and protection of displaced persons and refugees, providing security for the distribution of relief supplies, and good offices to achieve national reconciliation within the framework of the 1993 Arusha Peace Agreement. The Secretary-General was asked to help in the establishment of an effective mine clearance programme.

The Council also strongly urged the Government to continue its cooperation with the Mission, in particular, in ensuring unimpeded access to all areas of Rwanda.

It hoped the Government would soon conclude appropriate arrangements with UNAMIR to increase its radio broadcasting capabilities so as to reach the refugee camps in neighbouring countries.

Secretary-General reports

On 25 November, the Secretary-General reported (S/1994/1344) that new threats and challenges continued to emerge in Rwanda, in particular, the "creeping militarization of the refugee camps" that had created "a painful dilemma" for the international community. It was unacceptable that humanitarian assistance was being used to "threaten not only the security of refugee camps but the stability of Rwanda", he stated.

The Government was asked to ensure that its resolve to promote conditions conducive to safe and voluntary repatriation and national reconciliation was translated into concrete action and programmes.

Meanwhile, the Rwanda Emergency Normalization Plan formulated by the Secretary-General's Special Representative, the forthcoming round-table meeting organized by the UN Development Programme, and the consolidated inter-agency appeal gave the international community ample opportunity to respond to the Government's need for assistance. If, however, the current unsettled situation was not addressed promptly, there was danger of renewed conflict.

UNAMIR was ready to provide the coordinated leadership necessary for the overall process of peace and reconciliation, the Secretary-General said. Ultimately, however, "it is the people of Rwanda themselves who must solve the problems of their country".

To create conditions that would allow more than 2 million Rwandese refugees and some 1.5 million to 2 million displaced persons within the country to return home, the Government was concentrating on ensuring public security, restoring civil administration and reconstructing the country's social and economic infrastructure, the Secretary-General observed. There was also a growing problem of land tenure and rival claims to property rights. Although the Government had emphasized that the wrongful occupation of another person's property was unlawful, it was difficult to implement that policy.

The security situation in the refugee camps continued to worsen and some non-governmental organizations (NGOs) had withdrawn their operations. Others were considering withdrawal, as the militia's increasing control over the distribution of relief supplies made safe delivery virtually impossible. There was also evidence that former Rwandese Government Forces (RGF) were actively recruiting and training troops and intensifying their propaganda campaign against the new Government.

UNAMIR had reached its full authorized troop strength of 5,500, and the human rights field operation in Rwanda launched by the UN High Commissioner for Human Rights had established seven regional offices, the report stated.

Also, specific efforts were being made to address the plight of unaccompanied children and pursue family-tracing programmes. There were renewed efforts to launch AIDS-awareness programmes, provide seeds and tools, and get education programmes under way, the report added.

Actions condemned

At a second meeting on 30 November, the Council condemned actions being taken by former Rwandese leaders, government forces and militias to prevent, in some cases by force, the repatriation of refugees. It also condemned the interference by those groups and individuals with the provision of humanitarian relief, actions which had led to the withdrawal of some non-governmental relief agencies from the camps.

In a statement by its President, Madeleine K. Albright of the United States, the Council expressed alarm that those same groups might be preparing for an armed invasion of Rwanda and deplored the fact that food distributed by relief agencies for those in the camps was apparently being misappropriated to support such an invasion. It also stressed the responsibilities of neighbouring countries for ensuring that their territories were not used to destabilize the situation inside Rwanda.

Acting on an 18 November report (S/1994/1308) of the Secretary-General on the situation in the refugee camps, the Council asked the Secretary-General to consult potential troop contributors to assess their willingness to participate in a possible peace-keeping operation to create secure areas within large camp sites. The Council also encouraged him to assess initial measures for immediate assistance to the Zairian security forces protecting humanitarian operations in the camps, including the possibility of deploying security experts, from member Governments or through contract arrangements, to train and monitor local forces. It was concerned that the use of local security forces without international involvement might not prove to be an effective approach. The Council recognized that the Government of Rwanda needed immediate and major financial assistance.

The Council noted that preparations were under way for convening in Bujumbura in the near future a regional conference on assistance to refugees, returnees and displaced persons in the Great Lakes region, sponsored by the Organization of African Unity (OAU) and endorsed by the General Assembly (resolution 49/7). Given the urgent need to take forward the political process, it also asked the Secretary-General to accelerate preparations for a joint UN/OAU conference, convened at a later date, to address a range of political and other issues in order to identify long-term solutions to ensure peace, security and development in the subregion.

Violence deplored

At a 14 October meeting, the Council expressed concern at the plight of millions of refugees and displaced persons in Rwanda and the countries of the region. It deplored the continuing acts of intimidation and violence designed to prevent refugees in camps from returning home and called on the Governments of neighbouring countries to do all in their power to ensure the safety of both the refugees and the international personnel providing humanitarian assistance.

In a statement by its President, Sir David Hannay of the United Kingdom, the Council welcomed the expressed commitment of the Rwandese Government to achieving national reconciliation and promoting respect for the fundamental rights of individuals, and stressed the importance it attached to the implementation of that commitment.

The Council endorsed the Secretary-General's call to the Government to maintain an "open dialogue with all political interest groups", in order to achieve genuine reconciliation between all elements of Rwandese society. The Council encouraged the Government to invite members of the Mouvement republicain national pour le developpement (MRND) who were not involved in the massacres to participate in the Government and to absorb members of the former RGF into the new army.

The Council affirmed the importance it attached to the avoidance of reprisals against returnees and to the safeguarding of their property rights. It welcomed the Government's efforts to facilitate the return of refugees and to begin the process of national reconciliation and reconstruction. It welcomed the speedy response of the UN and the Government to allegations that some Rwandese Patriotic Army (RPA) soldiers might have been responsible for systematic killings, and underlined the importance it attached to the thorough and expeditious investigations of those allegations.

In a 6 October report (S/1994/1133), the Secretary-General endorsed the recommendation made by the Commission of Experts that trials of individuals suspected of serious breaches of international humanitarian law, crimes against humanity and acts of genocide be carried out by an international criminal tribunal.

'Overwhelming evidence' obtained

The Commission of Experts concluded that there existed overwhelming evidence to prove that acts of genocide against the Tutsi ethnic group were committed by Hutu elements in a "concerted, planned, systematic and methodical way". Crimes against humanity and serious violations of interntional humanitarian law were committed by individuals of both sides of the conflict, but there was no evidence to suggest that acts committed by Tutsi elements were perpetuated with an intent to destroy the Hutu ethnic group as such, the experts reported.

Assembly action

On 2 December, the General Assembly encouraged (49/23) the Government of Rwanda to pursue efforts with a view to creating conditions which would be conducive to the return of refugees and their resettlement and to the recovery by displaced persons of their property in peace, security and dignity.

The Assembly also expressed (49/24) deep concern at the grave social, economic, health and ecological impact of the massive and unexpected presence of refugees in neighbouring countries of Rwanda.