ted or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 4 of the present statute, shall be individually responsible for the crime.
2. The official position of any accused person, whether as head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.
3. The fact that any of the acts referred to in articles 2 to 4 of the present statute were committed by a subordinate does not relieve his or her superior of criminal responsibility if he or she knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.
4. The fact that an accused person acted pursuant to an order of a Government or of a superior shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment if the International Tribunal for Rwanda determines that justice so requires.
Article 7
Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal for Rwanda shall extend to the territory of Rwanda, including its land surface and airspace as well as to the territory of neighbouring States in respect of serious violations of international humanitarian law committed by Rwandan citizens. The temporal jurisdiction of the International Tribunal for Rwanda shall extend to a period beginning on 1 January 1994 and ending on 31 December 1994.
Article 8
Concurrent jurisdiction
1. The International Tribunal for Rwanda and national courts shall have concurrent jurisdiction to prosecute persons for serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens for such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994.
2. The International Tribunal for Rwanda shall have primacy over the national courts of all States. At any stage of the procedure, the International Tribunal for Rwanda may formally request national courts to defer to its competence in accordance with the present statute and the rules of procedure and evidence of the International Tribunal for Rwanda.
Article 9
Non bis in idem
1. No person shall be tried before a national court for acts constituting serious violations of international humanitarian law under the present statute, for which he or she has already been tried by the International Tribunal for Rwanda.
2. A person who has been tried by a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the International Tribunal for Rwanda only if:
a) The act for which he or she was tried was characterized as an ordinary crime; or
b) The national court proceedings were not impartial or independent, were designed to shield the accused from international criminal responsibility, or the case was not diligently prosecuted.
3. In considering the penalty to be imposed on a person convicted of a crime under the present statute, the International Tribunal for Rwanda shall take into account the extent to which any penalty imposed by a national court on the same person for the same act has already been served.
Article 10
Organization of the International Tribunal for Rwanda
The International Tribunal for Rwanda shall consist of the following organs:
a) The Chambers, comprising two Trial Chambers and an Appeals Chamber;
b) The Prosecutor;
c) A Registry.
Art
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