Provisional Draft Resolution of the Security Councilhttps://scholarlycommons.law.case.edu/documents_780/1087/thumbnail.jp

Bassiouni 1937-2017, M. Cherif

Security Council,

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Case Western Reserve University School of Law

Case Western Reserve University School of Law Scholarly Commons Documents United Nations 780 Commission 2-19-1993 S/25314* M. Cherif Bassiouni 1937-2017 Security Council Follow this and additional works at: https://scholarlycommons.law.case.edu/documents_780 Recommended Citation Bassiouni 1937-2017, M. Cherif and Security Council, "S/25314*" (1993). Documents. 88. https://scholarlycommons.law.case.edu/documents_780/88 This Document is brought to you for free and open access by the United Nations 780 Commission at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Documents by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. Security Council PROVISIONAL S/25314* 19 February 1993 WC-LISH CR JGINAL: FREXCii Draft resolution m e  Security Council, ReaEEirminq its resolution 713 (1991) of 25 September 1991 and all sussequent relevant resolutions, Recallinq paragraph 10 of its resolution 764 (1992) of 13 July 1992, in which it reaffirmed chat all parties are bound to comply with the obligations under international humanitarian law and in particular the Geneva Conventions ~f 12 August 1949, and that persons who c&it or order the commission of grave breaches of the Conventions are individually responsible in respect of such breaches, Recallinq also its resolution 771 (1992) of 13 August 1992. In which* inter all=, it demanded that all parties and others concerned in the former Yuqoslavla, and all ilftary forces in Bosnia and Herzegovlna, immediately cease and desist f rafp all breaches of intern, t ional hmmitarian law* ~ecallinq further its resolution 780 (1992) of 6 October 1992, in which it requested the Secretary-General to establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse the information submitted pursuant to resolutions 771 (1992) and 780 (1992). together with such further information as the Commission of Experts may obtain, with a vies to providing the Secretaryseneral with its conclusfons on the evidence of qrave breaches of ehe Geneva conventions and other violations of international 1:trmanitarian law committed in the territory of the former Yuqoslavia, Havinq considered the interim report of the Commission of Experts established by resoluticn 780 (1992) (s/25274). in which the Commission observed that a decision to eotablish an ad hoc international tribunal In relation to events in the territory of the former Yugoslavia would be l ccasistent with the direction OF its work, Ex~ressins once again its grave alarm at continuing reports of videspread violations of international humanitarian law occurring within the territory of the former Yuqoslsvia, lncludlng reports of mass killings end the continuance of the practice OS "ethr.ic cleansing', 5125314 English Page 2 Detemininq that this situation constitutes 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 Yuqoslavia the establishment of an international tribunal would enable th3s am to be achieved and would contribute to the restoration and the maintenance of peace. Notinq in this reqard the recommendation by the Co-Chairmen of the steering Cormnittee of the International Conference on the Former rugoslavia for the establishment oE such a tribunal (S/25221), Notinq also with grave concern the .report OF the European Community investigative missLon into the treatment of ~ u s l i r n  women i n  the former Yugoslavia (8125240, annex I)., Notinq Further the report of the committee of jurists eubmitted by France ( ~ / 2 5 2 6 6 ) ,  the report ot the commiseion of jurists submitted by Italy (S/25300) and the report transmitted by the Permanent Representative of Sweden, on behalE of the Chairman-in-office of the participatinq states in the Conference on Security and Cooperation in Europe (CSCE) (S/25307), 1- Decj.de6 that an international tribunal shall be established for the @ prosecut ion of! persons responsible for serious violat ions of in terna t tonal humanitarian 1.aw commiC\ed in the territory of the former Yugoslavia since 1991; i 2- Reqriests the Secretary-Cenerel to submit for consideration by the council at thcb earliest possible date. and if possible no later than 50 days aEter the adoption of the present resolution, a report on all aspects of this matter, 1nclud.ing specific proposals and where appropriate options for the effective and expeditious implementation of the decision contained in paragraph 1 above, taking into account suqgestions put forward in this regard by Neinher States; 3.  Decides to remain actively seized of the matter. 

S/25314*

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S/25314*

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