Alinea 190 Rechtbank 's-Gravenhage 24 juli 2007

75. According to the Court, this article [of the Statute of the Rwanda Tribunal] provides for a general obligation to co-operate ("shall co-operate") by the Member States with the Rwanda Tribunal (subsection 1) and a specific obligation to co-operate ("shall comply") in a number of areas described in further detail (sub section 2) in order to allow investigation and adjudication by the Rwanda Tribunal. The Court as well as the Public Prosecutor concludes that this article does not contain an obligation to transfer criminal proceedings. The Court, contrary to the Public Prosecutor's view, does not understand from this article that the Member States have the competence to take over criminal proceedings of the Rwanda Tribunal. The article's object and choice of words are contrary to this interpretation. As considered above, the Rwanda Tribunal has the primacy to adjudicate international criminal offences committed in the period from 1 January 1994 up to and including 31 December 1994 in Rwanda (and neighbouring countries). The Resolution by which the Tribunal was established, obliges the Member States, where possible, to assist the Tribunal in the execution of its charge. Article 28 of the Statute of the Rwanda Tribunal is an elaboration of this. This article concerns the legal assistance rendered by States to the Rwanda Tribunal with a view to adjudication by the Rwanda Tribunal, not with a view to the competence of the Member State to take over trial from the Rwanda Tribunal. The Court dismisses the plea of the Public Prosecutor concerning this article.

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