Chapter 15: Internationalised Domestic Criminal Tribunals
401
Finally, the Special Court has no legal links with the ICTR and ICTY, except in so
far as it is bound to apply the Rwanda Tribunal’s Rules of Procedure
26
and its Appeals
Chamber is to be guided by the decisions of the ad hoc Tribunals’ common Appeals
Chamber,
27
in order to produce a coherent body of jurisprudence. As to its financing,
the Secretary General had initially suggested this should take place through assessed
contributions, rather than by voluntary emoluments.
28
Finally, Art 6 of the 2002
Agreement provided that the court’s expenses be borne by voluntary contributions
from the international community, the court becoming operational when sufficient
funds have been gathered. Article 6 further provides that should voluntary
contributions prove insufficient for the court to implement its mandate, the Secretary
General and the Security Council will explore alternate means of financing.
15.3 THE EAST TIMOR SPECIAL PANELS
East Timor had been a Portuguese colony. During the post-Second World War
decolonisation period, Portugal was unwilling to forgo its power completely on the
half-island entity. In 1960 the UN General Assembly declared East Timor to be a
non-self-governing territory, administered by Portugal,
29
and this was generally the
case as East Timor was looking towards complete independence. This process was
abruptly interrupted, however, when on 7 December 1975 the territory was invaded
and subsequently occupied by Indonesian armed forces. During the 24 year
occupation of the half-island, there were frequent reports of extreme brutality and
genocide, but the Indonesian Government remained in power essentially because
its purchase of military material from western States helped to silence its critics before
international fora. After conclusion of a ‘General Agreement’ between Indonesia
and Portugal on 5 May 1999 on the question of East Timor, a referendum was held
on 30 August 1999.
30
This, although supervised by a UN body, UNAMET, was
conducted in the midst of intimidation and violence by East Timorese militias with
the full support of the Indonesian Armed Forces, and 78.5% of the population voted
in favour of independence. The widespread violence sparked by the election result
prompted the Security Council to adopt Resolution 1264 by which it mandated an
international force (INTERFET) to restore peace and security in East Timor, facilitate
humanitarian assistance and protect and support UNAMET in the fulfilment of its
duties.
31
The presence of INTERFET secured significant stability on the island, and
paved the way for the Council to establish the UN Transitional Administration in
East Timor (UNTAET), through Resolution 1272,
32
headed by a Special Representative
of the Secretary General who acts as Transitional Administrator of the Territory, until
complete devolution to the people of East Timor is secured.
26
Ibid,
Art 14(1). In accordance with Art 14(2) the judges may amend or adopt additional rules where the
applicable rules do not adequately provide for a specific situation.
27
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