United Nations (International Tribunal) (Former Yugoslavia) Order 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/716 |
1996 No. 716
UNITED NATIONS
The United Nations (International Tribunal) (Former Yugoslavia) Order 1996
Made 13th March 1996
Laid before Parliament 14th March 1996
Coming into force 15th March 1996
At the Court at Buckingham Palace, the 13th day of March 1996
Present,
The Queen’s Most Excellent Majesty in Council
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by a resolution adopted on 25th May 1993, called upon Her Majesty’s Government in the United Kingdom and all other States to apply certain measures to give effect to a decision of that Council in relation to the former Yugoslavia:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 19461, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and extent
1.—(1) This Order may be cited as the United Nations (International Tribunal) (Former Yugoslavia) Order 1996 and shall come into force on 15th March 1996.
(2) This Order extends to the United Kingdom.
(3) So far as this Order relates to proceedings in a service court the relevant provisions extend to any place at which those proceedings are held.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
“appropriate judicial officer” means—
(a) the chief metropolitan stipendiary magistrate,
(b) a metropolitan stipendiary magistrate designated for the purposes of this Order by the Lord Chancellor, or
(c) the Sheriff of Lothian and Borders;
“competent court” means a court consisting of an appropriate judicial officer;
“delivery order” means—
(a) an order for delivery up made under article 6 or under that article as applied by article 5, including one made following an application under article 7 or 8,
(b) an order for delivery up made under article 9(4) or article 10(5);
“the International Tribunal” means—
(a) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827(1993) of the Security Council of the United Nations,
(b) any of the organs of that Tribunal referred to in Article 11 of the Statute;
“International Tribunal crime” means a crime in respect of which the International Tribunal has jurisdiction under the Statute;
“national court” means a court in the United Kingdom or a service court;
“prisoner” means—
(a) a person serving a sentence in a prison or other institution to which the Prison Act 19522, the Prisons (Scotland) Act 19893or the Prison Act (Northern Ireland) 19534applies, or
(b) a person serving a sentence of detention or imprisonment imposed by a service court;
“the Prosecutor” means the Prosecutor responsible under the Statute for the investigation and prosecution of persons in accordance with the Statute and the Rules;
“the Registrar” means the Registrar appointed under the Statute by the Secretary-General of the United Nations;
“the Rules” means the rules of procedure and evidence of the International Tribunal;
“service court” means—
(a) a court martial constituted under the Army Act 19555, the Air Force Act 19556or the Naval Discipline Act 19577, or
(b) a disciplinary court constituted under section 50 of the Naval Discipline Act 1957,
whether the court is held within the United Kingdom or elsewhere;
“the Statute” means the Statute of the International Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to this Order;
“transfer warrant” means a warrant issued under article 10(2).
(2) A reference in this Order to a part of the United Kingdom is a reference to England and Wales, to Scotland or to Northern Ireland.
(3) A reference in this Order to arrangements by the Secretary of State with the Registrar or with another state is a reference to arrangements of a general nature or to arrangements relating to a particular case or group of cases.
(4) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article which bears that number in this Order, and any reference to a numbered paragraph in an article of this Order is a reference to the paragraph bearing that number in that article.
Purpose of this Order
3.—(1) This Order has effect for the purpose of enabling the United Kingdom to co-operate with the International Tribunal in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.
(2) In particular, but without prejudice to the generality of paragraph (1), this Order has effect—
(a)
(a) to provide for the arrest and delivery to the International Tribunal of persons accused or convicted of an International Tribunal crime and for the arrest in cases of urgency of persons suspected of having committed an International Tribunal crime,
(b)
(b) to secure the attendance before the International Tribunal of persons as witnesses or to assist in investigations,
(c)
(c) to give effect to requests by the International Tribunal for the discontinuance of certain proceedings in courts constituted under United Kingdom law,
(d)
(d) to provide the International Tribunal with other forms of assistance in the investigation and prosecution of International Tribunal crimes,
(e)
(e) to enforce orders of the International Tribunal for the preservation or restitution of property and to give effect to requests to determine the ownership of property,
(f)
(f) to make provision for the immunities and privileges of the International Tribunal and persons connected therewith.
(3) Nothing in this Order shall be construed as preventing the provision of assistance to the International Tribunal otherwise than under this Order.
PART I
ARREST AND DELIVERY OF PERSONS TO THE INTERNATIONAL TRIBINAL
Endorsement of warrants of arrest
4.—(1) Where the Secretary of State receives from the International Tribunal a warrant of arrest issued by the International Tribunal (including such a warrant issued or received before the commencement of this Order), the Secretary of State shall transmit the warrant to an appropriate judicial officer who shall, subject to paragraph (2), endorse the warrant for execution in any part of the United Kingdom.
(2) A warrant for the arrest of a person convicted by the International Tribunal shall not be endorsed under this article unless the purpose of the arrest is to enable him—
(a)
(a) to be brought before the International Tribunal, or
(b)
(b) to be taken to a place where he is to undergo imprisonment under a sentence of the International Tribunal.
Provisional warrants of arrest
5.—(1) Where the Secretary of State—
(a)
(a) receives a request from the International Tribunal for the arrest of a person who is suspected or accused of having committed an International Tribunal crime or who has been convicted by the International Tribunal, and
(b)
(b) the request is not accompanied by a warrant but is made on the grounds of urgency,
the Secretary of State shall transmit the request to a constable and direct the constable to apply for a warrant for the arrest of that person.
(2) On an application by a constable stating on oath that he has reason to believe—
(a)
(a) that a request has been made on grounds of urgency by the International Tribunal for the arrest of a person who is suspected or accused of having committed an International Tribunal crime or who has been convicted by the International Tribunal,
(b)
(b) that the person concerned is in or on his way to the United Kingdom, and
(c)
(c) that the purpose of the arrest is to enable the person concerned to be brought before the International Tribunal or, as the case may be, to be taken to a place where he is to undergo imprisonment under a sentence of the International Tribunal,
an appropriate judicial officer may issue a warrant (“a provisional warrant”) for the arrest of that person, and shall if he issues such a warrant notify the Secretary of State that he has done so.
(3) In the application of paragraphs (1) and (2) to Scotland, the following modifications shall have effect—
(a)
(a) the request by the International Tribunal shall be transmitted to the Lord Advocate, who shall instruct the procurator fiscal to apply for a warrant;
(b)
(b) an application for a warrant shall be made by the procurator fiscal and shall be supported by a statement on oath made by a constable as respects the matters specified in paragraph (2);
(c)
(c) if an appropriate judicial officer issues a warrant, he shall notify the Lord Advocate that he has done so.
(4) A person arrested under a provisional warrant shall be brought before a competent court so soon as is practicable, and—
(a)
(a) if an endorsed warrant in respect of that person is produced to the court, the court shall proceed as if he had been arrested under that warrant, and article 6 shall apply accordingly,
(b)
(b) if no such warrant is produced, the court may, pending the production of the warrant, remand him for not more than 18 days at a time, so however that the total period of remands does not exceed 40 days in all.
(5) If at any time an endorsed warrant relating to a person remanded under this article is produced to the court which remanded him, the court shall determine the period of remand and the person shall thereafter be treated as if arrested at that time under the endorsed warrant.
(6) If an endorsed warrant relating to a person remanded under this article is not produced within the period of the remand (including any extension of that period) to the court which remanded him, he shall be...
To continue reading
Request your trial