The United Nations (International Residual Mechanism for Criminal Tribunals) Order 2018

  1. Introductory Text

  2. PART 1 INTRODUCTION

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Purpose of this Order

  3. PART 2 ARREST AND DELIVERY OF PERSONS TO THE MECHANISM

    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 assist in investigations

    8. 11.Review of orders of competent court

    9. 12.Remand and bail

    10. 13.Discharge of persons not delivered up

  4. PART 3 DISCONTINUANCE OF PROCEEDINGS IN NATIONAL COURTS

    1. 14.Discontinuance of relevant proceedings

  5. PART 4 OTHER FORMS OF ASSISTANCE TO THE MECHANISM

    1. 15.Transmission of information and records

    2. 16.Search etc. for material relevant to Mechanism investigation

    3. 17.Search etc. for material relevant to Mechanism investigation: Scotland

    4. 18.Production or Access Orders

    5. 19.Material not yet in possession or existence

    6. 20.Effect of order

    7. 21.Effect of order: supplementary

    8. 22.Order in relation to material in possession of government department

    9. 23.United Kingdom evidence for Mechanism use

    10. 24.Service of process

    11. 25.Enforcement of orders for the freezing of assets or preservation or restitution of property

    12. 26.Proceedings to determine the ownership of property

    13. 27.Immunities and privileges

  6. PART 5 SUPPLEMENTARY PROVISIONS

    1. 28.Warrants of arrest

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

    3. 30.Legal custody

    4. 31.Custodial sentences by national courts

    5. 32.Evidence

    6. 33.Application of provisions of International Criminal Court Act 2001

  7. Signature

    1. SCHEDULE 1

      STATUTE OF THE INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS (IRMCT)

      1. 1.Article 1: Competence of the Mechanism

      2. 2.The Mechanism shall have the power to prosecute, in accordance...

      3. 3.The Mechanism shall have the power to prosecute, in accordance...

      4. 4.The Mechanism shall have the power to prosecute, in accordance...

      5. 5.The Mechanism shall not have the power to issue any...

      6. Article 2: Functions of the Mechanism

      7. Article 3: Structure and Seats of the Mechanism

      8. Article 4: Organisation of the Mechanism

      9. 1.Article 5: Concurrent jurisdiction

      10. 2.The Mechanism shall have primacy over national courts in accordance...

      11. 1.Article 6: Referral of Cases to National Jurisdictions

      12. 2.After an indictment has been confirmed and prior to the...

      13. 3.In determining whether to refer a case involving a person...

      14. 4.The Trial Chamber may order such referral proprio motu or...

      15. 5.The Mechanism shall monitor cases referred to national courts by...

      16. 6.After an order referring a case has been issued by...

      17. 1.Article 7: Non bis in idem

      18. 2.A person covered by Article 1 of this Statute who...

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

      20. 1.Article 8: Roster of judges

      21. 2.A person who for the purposes of membership of the...

      22. 3.The judges of the Mechanism shall only be present at...

      23. 4.The judges of the Mechanism shall not receive any remuneration...

      24. 1.Article 9: Qualification of judges

      25. 2.In the composition of the Trial and Appeals Chambers, due...

      26. 1.Article 10: Election of judges

      27. 2.In the event of a vacancy in the roster, after...

      28. 3.The judges of the Mechanism shall be elected for a...

      29. 4.If there are no judges remaining on the roster or...

      30. 1.Article 11: The President

      31. 2.The President shall be present at either seat of the...

      32. 1.Article 12: Assignment of judges and Composition of the Chambers

      33. 2.The President may designate a duty judge from the roster...

      34. 3.The President of the Mechanism shall be a member of...

      35. 4.In the event of an application for review in accordance...

      36. 5.The President may appoint, from among the judges of the...

      37. 1.Article 13: Rules of Procedure and Evidence

      38. 2.Amendments of the Rules of Procedure and Evidence may be...

      39. 3.The Rules of Procedure and Evidence and any amendments thereto...

      40. 4.The Rules of Procedure and Evidence and amendments thereto shall...

      41. 1.Article 14: The Prosecutor

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

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

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

      45. 5.The Office of the Prosecutor shall retain a small number...

      46. 1.Article 15: The Registry

      47. 2.The Registry shall consist of a Registrar, an officer in...

      48. 3.The Registrar shall be appointed by the Secretary-Generalfor a four-year...

      49. 4.The Registry shall retain a small number of staff commensurate...

      50. 1.Article 16: Investigation and Preparation of Indictment

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

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

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

      54. 1.Article 17: Review of the Indictment

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

      56. 1.Article 18: Commencement and Conduct of Trial Proceedings

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

      58. 3.The Single Judge or judge of the Trial Chamber designated...

      59. 4.The hearings shall be public unless the Single Judge or...

      60. 1.Article 19: Rights of the Accused

      61. 2.In the determination of charges against him or her, the...

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

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

      64. Article 20: Protection of Victims and Witnesses

      65. 1.Article 21: Judgments

      66. 2.All judgments shall be delivered in public and shall be...

      67. 1.Article 22: Penalties

      68. 2.In determining the terms of imprisonment, the Single Judge or...

      69. 3.In imposing the sentences, the Single Judge or Trial Chamber...

      70. 4.In addition to imprisonment, the Single Judge or Trial Chamber...

      71. 1.Article 23: Appellate proceedings

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

      73. Article 24: Review Proceedings

      74. 1.Article 25: Enforcement of sentences

      75. 2.The Mechanism shall have the power to supervise the enforcement...

      76. Article 26: Pardon or Commutation of Sentences

      77. 1.Article 27: Management of the Archives

      78. 2.The Mechanism shall be responsible for the management, including preservation...

      79. 3.. In managing access to these archives, the Mechanism shall...

      80. 1.Article 28: Cooperation and Judicial Assistance

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

      82. 3.The Mechanism shall respond to requests for assistance from national...

      83. 1.Article 29: The Status, Privileges and Immunities of the Mechanism

      84. 2.The President, the Prosecutor and the Registrar shall enjoy the...

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

      86. 4.Defence counsel, when holding a certificate that he or she...

      87. 5.Other persons, including the accused, required at the seats of...

      88. Article 30: Expenses of the Mechanism

      89. Article 31: Working languages

      90. 1.Article 32: Reports

      91. 2.The President and Prosecutor shall submit six-monthly reports to the...

  9. Explanatory Note