UNMIK/REG/2001/1

12 January 2001

REGULATION NO. 2001/1

ON THE PROHIBITION OF TRIALS IN ABSENTIA FOR SERIOUS VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW

The Special Representative of the Secretary-General,

Pursuant to the authority given to him under United Nations Security Council resolution 1244 (1999) of 10 June 1999,

Taking into account United Nations Interim Administration Mission in Kosovo (UNMIK) Regulation No. 1999/1 of 25 July 1999, as amended, on the Authority of the Interim Administration in Kosovo,
 
Taking into account the egregious nature of violations of international humanitarian law and the particular need to ensure the proper administration of justice in cases where such crimes have been committed,

Taking into account the rights of the accused, and in particular, the right to a fair hearing,

Hereby promulgates the following:

Section 1
Prohibition on Trials in Absentia for Violations of International Humanitarian Law

No person may be tried in absentia for serious violations of international humanitarian law, as defined in Chapter XVI of the applicable Yugoslav Criminal Code or in the Rome Statute of the International Criminal Court (17 July 1998).

Section 2
Applicable Law

The present regulation shall supersede any other provision in the applicable law which is inconsistent with it.
 
Section 3
Implementation

The Special Representative of the Secretary-General may issue administrative directions for the implementation of the present regulation.

Section 4
Entry into Force

The present regulation shall enter into force on 12 January 2001 and shall apply also to criminal proceedings pending as of that date.

Bernard Kouchner
Special Representative of the Secretary-General