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 LETTERS FROM SWITZERLAND


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 LIFE AND WORKS OF GOETHE


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 LIFE AND WORKS OF GOETHE


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 "'I might soon be rich.'"


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 Portrait of Goethe


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 "In the evening they were read aloud to Cornelia"


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 "I sit and ponder one only thought"


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 "A Beauteous Maid with Downcast Look"


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 "And day by day upon the shore I stand"


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 The Young Goethe at Sesenheim


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 "These were the subjects which occupied his activity"


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume II.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume IV.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume V.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume VII.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume VIII.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume IX.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume XI.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume XIII.

PUBLISHED BY

LONDON AND BOSTON


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 With His Life by

GEORGE HENRY LEWES

In Fourteen Volumes

Volume XIV.

PUBLISHED BY

LONDON AND BOSTON


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 Limited to 750 Numbered and

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Oxford Press


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 Continued


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8 {| class="_tbl"
 * +THE MERCHANT.
 * Ask the compradore to come || 請買辦來 || Ch‘ing mi-pahn li.
 * Who are you? || 你是甚麼人 || Nee shirt shummo ren?
 * What are you doing? || 你做甚麼 || Nee dzaw shummo?
 * I keep the accounts || 我算賬 || Waw sooahn jahng.
 * How many hands do you employ in the hong? || 行裏用多少人 || Hahng-lee yoong taw show ren?
 * Fifty men are too many || 五十人太多 || Woo-shirt ren t‘i taw.
 * The business is not large || 買賣不大 || Mi-mi poo tah.
 * Hire ten more men || 再僱十個人 || Dzi koo shirtka ren.
 * A steamer has come || 輪船來咯 || Loon ch‘wahn li-la
 * Has it come up to the jetty? || 到了碼頭沒有 || Towla maht‘o mayo?
 * What steamer is it? || 是甚麼輪船 || Shirt shummo loon ch‘wahn?
 * What cargo is there on board? || 船上裝甚麼貨 || Ch‘wahn-shahng jwong shummo hwaw?
 * }
 * Hire ten more men || 再僱十個人 || Dzi koo shirtka ren.
 * A steamer has come || 輪船來咯 || Loon ch‘wahn li-la
 * Has it come up to the jetty? || 到了碼頭沒有 || Towla maht‘o mayo?
 * What steamer is it? || 是甚麼輪船 || Shirt shummo loon ch‘wahn?
 * What cargo is there on board? || 船上裝甚麼貨 || Ch‘wahn-shahng jwong shummo hwaw?
 * }
 * What steamer is it? || 是甚麼輪船 || Shirt shummo loon ch‘wahn?
 * What cargo is there on board? || 船上裝甚麼貨 || Ch‘wahn-shahng jwong shummo hwaw?
 * }
 * What cargo is there on board? || 船上裝甚麼貨 || Ch‘wahn-shahng jwong shummo hwaw?
 * }


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Ⅰ. (Mecca.) Prayer for guidance.

Ⅱ. (Medînah.)

The Qurʼân a guidance. Rebuke to misbelievers: parable of one who kindles a fire. God is not ashamed of trifling similitudes. The creation of man: Adam taught 'the names:' Iblîs refuses to adore him: the temptation and fall. The children of Israel: their trials in Egypt: the golden calf: the manna and quails: bidden to enter the city and say ʿhittatun. Moses strikes the rock: he bids the people slaughter a dun cow to discover a murder. Charge against the Jews of corrupting the Scriptures. The golden calf: the mountain held over them. Gabriel reveals the Qurʼân: Hârût and Mârût. Believers are not to say râ’hinâ, but unthurnâ. Verses which are annulled will be replaced by better ones. Paradise not exclusively for Jews and Christians. Mosques to be free. Story of Abraham: he rebuilds the Kaabah: was a ʿHanîf. The qiblah fixed. Zafâ and Merwah may be compassed. Proofs of God’s unity. Lawful and unlawful food. The law of retaliation for homicide. Testators. The fast of Ramadhân. Rites of the pilgrimage: its duration. Fighting for religion lawful during the sacred months. Wine and gaming forbidden. Marriage with idolaters unlawful. The law of divorce. Of suckling children. The Muhâgerîn to be rewarded. The children of Israel demand a king. Saul (Tâlût): the shechina: the ark. Saul and Gideon confounded. Goliath. Jesus. The âyat el kursîy ('verse of the throne') asserting the self-subsistence and omnipresence of God. Nimrod and Abraham. Almsgiving. No compulsion in religion. Proofs of the resurrection: Ezekiel’s vision of the dry bones [6]


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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  : indignantly and called on their sons and daughters throughout the country to rise as one in order to kill the enemy. Finally they saved their people from danger, and their good name will be carried into posterity for all time. The elders and prominent personalities of our country should follow the example set by our forefathers in the floriousglorious [sic] task of national salvation.

 * "Rich people, soldiers, workers, peasants, intellectuals, employees, traders, youth, and women who warmly love your country! At the present time national liberation is the most important problem. Let us unite together! As one in mind and strength we shall overthrow the Japanese and French and their jackals in order to save people from the situation between boiling water and burning heat.

 * "Dear compatriots!

 * "National salvation is the common cause to the whole of our people. Every Vietnamese must take part in it. He who has money will contribute his money, he who has strength will contribute his strength, he who has talent will contribute his talent. I pledge to use all my modest abilities to follow you, and am ready for the last sacrifice.

 * "Revolutionary fighters!

 * "The hour has struck! Raise aloft the insurrectionary banner and guide the people throughout the country to overthrow the Japanese and French! The sacred call of the Fatherland is resounding in your ears; the blood of our heroic perdecessorspredecessors [sic] who sacrifiedsacrificed [sic] their lives is stirring in your hearts! The fighting spirit of the people is displayed everywhere before you! Let us rise up quickly! United with each other, unify your action to overthrow the Japanese and the French.

 * "Victory to Viet-Nam's Revolution!

 * "Victory to the World's Revolution!"

 * (2)

The Viet Minh was originally an "anti-fascist" league of the following Viet nationalist groups:

 * — The New Vietnam Party

 * — The Vietnam Revolutionary Youth League

 * — Vietnam Nationalist Party (VNQDD) (Only certain factions of this party elected to join the Viet Minh)

Rh

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ⅼⅹⅹⅻ referred to: Abraham and the birds. Almsgiving recommended. Usurers denounced. Laws relating to debt and trading. Persons mentally incapable are to act by agents. The believers’ prayer.

Ⅲ. (Medînah.)

God’s unity and self-subsistence. The Qurʼân confirmatory of previous Scriptures. The verses are either decisive or ambiguous. Example of Pharaoh’s punishment. The battle of Bedr. Islâm the true religion. Future torment eternal. Obedience to God and the Apostle enjoined. Conception of the Virgin Mary; she is brought up by Zachariah. Birth of John: the annunciation of the Virgin. Birth and infancy of Jesus: the miracle of the birds of clay: the disciples: allusion to Mohammed’s dispute with a Christian deputation from Nagran. Abraham a ʿHanîf. Reproof to Jews who pretend to believe and then recant; and who pervert the Scriptures. No distinction to be made between the prophets. The Jews rebuked for prohibiting certain kinds of food. The foundation of the Kaabah. Abraham’s station. Pilgrimage enjoined. Schism and misbelief reproved. Battle of Ohod referred to. The victory at Bedr due to angelic aid. Usury denounced. Fate of those who rejected the prophets of old. Mohammed’s death must not divert the believers from their faith. Promise of God’s help. Further account of the battle of Bedr. The Muslim martyrs to enter Paradise. The victory of Bedr more than counterbalanced the defeat at Ohod. The hypocrites detected and reproved. Death the common lot even of apostles. Prayer for the believers. Exhortation to vie in good works and be patient.

Ⅳ. (Medînah.)

God creates and watches aver man. Women’s dowries. Administration of the property of orphans and idiots. Distribution of property among the heirs. Witnesses required to prove adultery. Believers are not to inherit women’s estates against their will: no false charge of adultery to be made with a view of keeping a woman’s dowry. Women whom it is unlawful to marry. Men are superior to women: punishment of refractory wives. Arbitration between man and wife. Duty towards parents, kinsmen, orphans, the poor, neighbours, &c. Almsgiving for appearance sake a crime. Believers must not pray when drunk or polluted. Sand may be used for purification when water is not to be had. Charge against


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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive  : anti-Japanese war, however, is the immediate program of action which is: (1) Organization of the masses — workers, peasants, women, and youth — for the anti-fascist struggle. This has already attained promising successes. (2) Preparation of an insurrection by the organization of the people into self-defense corps. (3) The formation of guerrilla bands and bases 'which will assume greater importance as we gradually approach the time of country-wide military action.'"

 * (3)

 * (a)

From the outset, the Chinese were suspicious of the Viet Minh. In 1942, they arrested Nguyen Ai Quoc, and imprisoned him. In October, 1942, more than one year after the founding of the Viet Minh, the Kuomintang sponsored a second "united front" of Vietnamese nationalists named the Vietnam Revolutionary League. ColocatedCo-located [sic] with headquarters of the Viet Minh in Kwangsi Province, China, Liuchow, the Dong Minh Hoi — as it came to be known — included:

 * — The Vietnam Nationalist Party (VNDDVNQDD [sic])

 * — The Vietnam Restoration League

 * — The Great Vietnam Nationalist Party

 * — The Viet Minh

 * — The Liberation League

The Dong Minh Hoi was launched with the official sanction of Marshall Chang Fa-kuei, the quasi-autonomous Chinese warlord; its initial program was expressly modeled after the Kuomintang's Three People's Principles of Sun Yat Sen, and its paramilitary organizations were established with a view to close cooperation with the Nationalist Army. However, after more than a year in prison, Nguyen Ai Quoc was released by the Chinese — perhaps on Chang Fa-kuei's orders, and without knowledge or sanction of Chiang Kai-Shek's headquarters — and installed, under the new alias of Ho Chi Minh, as Chairman of the Dong Minh Hoi. The Viet Minh alone profitted by this duality of leadership. Only in the person of Ho Chi Minh, and in Luichow itself, was there any merger of the two "united front" organizations. Afield, and especially in Tonkin, they competed — and occasionally fought — with one another.

The Dong Minh Hoi acquired only modest political and military power in Vietnam, and became a significant political factor there only after Chinese Nationalist forces occupied Tonkin in late 1945. On March 28, 1944, Rh

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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive a "Provisional Republican Government of Vietnam" was proclaimed in Luichow, China, with Viet Minh officials occupying only a minority of positions in the government. But in Vietnam, the Viet Minh formed the only effective and extensive resistance movement.

 * (b)

Both the French and the Japanese sponsored Vietnamese political parties. On the whole, the Japanese enjoyed significantly greater success in manipulating the Vietnamese, and they thereby emasculated Decoux's colonial administration. Through direct support of the theocratic movements, such as the Cao Dai and the Hoa Hao, and a variety of nationalist political parties, they maintained the potential for popular dissidence in balance with available French force. As a result, large portions of Vietnamese territory, especially in Cochinchina, were vacated by the French to Vietnamese rule. Japanese sources reported during World War II that the more important of the collaborating Viet nationalists were in two groups: The Great Vietnam Nationalist Association — an outgrowth of rightist elements within the VNQDD; and the Vietnam Restoration League  — based on the nationalist groups which had been in exile in Japan. According to Japanese reports, in Annam and Tonkin, these included:

(1) The Great Annam People's Party, which at its height — about 1940 — had about 25,000 members; but as a result of the pressure of the French authorities in Indochina, it is now somewhat reduced. Its members are chiefly from the lower clasesclasses [sic], students or boy scotsscouts [sic], and its influence extends from the provinces of Hai Dong, Hai Duong, Bac Ninh and Central Annam to the Laos District.

(2) The Great Annam Democratic Party, which was disbanded in 1941 as a result of official pressure but reformed in 1942 and consists chiefly of intellectuals and men of letters; its members number about 2,000. This was probably the section of the Vietnam Nationalist Party known as the Dai Viet Dan Chinh and directed by Nguyen Tuong Tam.

(3) Three other groups whose total membership is two or three thousand. One of these smaller groups was probably the Youth Patriots, led by Vo Xuan Cam, which has been described as a terrorist party that maintained a flow of violent anti-French propaganda. Another was the Servants of the Country, directed by Pham Dinh Cuong.

(1) The Annam National Party, consisting of a volunteer corps, a civilian section, and a military section. The volunteer corps,  Rh

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Declassified per Executive Order 13526, Section 3.3 NND Project Number: NND 63316. By: NWD Date: 2011 TOP SECRET – Sensitive :::— The several "National Liberation Associations"

 * — The Indochinese Communist Party (ICP)

Beginning in October, 1940, the Central Committee of the ICP had withdrawn its specifically communist slogans (, "To confiscate landlords' lands and distribute it to the tillers," was toned down to "Confiscation of the land owned by traitors for distribution to the poor farmers.") and had begun instead to emphasize "national liberation." Within the Viet Minh, "national liberation" became central to the Party program, but the ICP from the outset dominated the league. According to Vo Nguyen Giap, the Party set political goals for the Viet Minh at the expense of its historic "anti-feudal task," but necessarily:

 * "To rally the different strata of the people and the national revolutionary forces in the struggle against the main enemy, that is the French and Japanese fascist imperialists...

 * "It is precisely for this reason [emphasis on national liberation] that within a short period, the Viet Minh gathered together the great forces of the people and became the most powerful political organization of the broad revolutionary masses."

By 1943, the Viet Minh was in fact attracting a broad spectrum of national ists and intelligentsia, as well as extending its organization steadily among the peasants. A 1946 official history presented this formulation of its program at that time:

 * "At a conference in 1943, delegates of all anti-fascitanti-fascist [sic] revolutionary organizations adopted the following political program: (1) Election of a constituent assembly to work out the constitution for a free Indo-China on the basis of adult suffrage; (2) Restoration of democratic liberties and rights, including freedom of organization, press and assembly, freedom of belief and opinion, the right to property, the right of workers to strike, freedom of domicile and freedom of propaganda; (3) The organization of a national army; (4) The right of minorities to self-determination; (5) Equal rights for women; (6) Nationalization of banks belonging to fascists and the formation of an Indo-Chinese national bank; (7) The building up of a strong national economy by the development of native industry, communications, agriculture and commerce; (8) Agricultural reforms and the extension of cultivation to fallow lands; (9) Labor legislation, including the introduction of the eight-hour working day and progressive reforms in social legislation; (10) Development of national education and culture.

 * "In the international sphere the program stands for the revision of unequal treaties and an alliance with all democratic nations for the maintenance of peace. More important for the

Rh

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United Nations Security Council Resolution 1966

Adopted by the Security Council at its 6463rd meeting, on 22 December 2010

The Security Council,

Recalling Security Council resolution 827 (1993) of 25 May 1993, which established the International Tribunal for the former Yugoslavia (“ICTY”), and resolution 955 (1994) of 8 November 1994, which established the International Criminal Tribunal for Rwanda (“ICTR”), and all subsequent relevant resolutions,

Recalling in particular Security Council resolutions 1503 (2003) of 28 August 2003 and 1534 (2004) of 26 March 2004, which called on the Tribunals to take all possible measures to complete investigations by the end of 2004, to complete all trial activities at first instance by the end of 2008, and to complete all work in 2010 (“completion strategy”), and noting that those envisaged dates have not been met,

Acknowledging the considerable contribution the Tribunals have made to international criminal justice and accountability for serious international crimes, and the re-establishment of the rule of law in the countries of the former Yugoslavia and in Rwanda,

Recalling that the Tribunals were established in the particular circumstances of the former Yugoslavia and Rwanda as ad hoc measures contributing to the restoration and maintenance of peace,

Reaffirming its determination to combat impunity for those responsible for serious violations of international humanitarian law and the necessity that all persons indicted by the ICTY and ICTR are brought to justice,

Recalling the statement of the President of the Security Council of 19 December 2008 (S/PRST/2008/47), and reaffirming the need to establish an ad hoc mechanism to carry out a number of essential functions of the Tribunals, including the trial of fugitives who are among the most senior leaders suspected of being most responsible for crimes, after the closure of the Tribunals,

Emphasizing that, in view of the substantially reduced nature of the residual functions, the international residual mechanism should be a small, temporary and efficient structure, whose functions and size will diminish over time, with a small number of staff commensurate with its reduced functions,

Welcoming the Report of the Secretary-General (S/2009/258) on the administrative and budgetary aspects of the options for possible locations for the archives of the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda and the seat of the residual mechanism(s) for the Tribunals,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to establish the International Residual Mechanism for Criminal Tribunals (“the Mechanism”) with two branches, which shall commence functioning on 1 July 2012 (branch for the ICTR) and 1 July 2013 (branch for the ICTY), respectively (“commencement dates”), and to this end decides to adopt the Statute of the Mechanism in Annex 1 to this resolution;

2. Decides that the provisions of this resolution and the Statutes of the Mechanism and of the ICTY and ICTR shall be subject to the transitional arrangements set out in Annex 2 to this resolution;

3. Requests the ICTY and the ICTR to take all possible measures to expeditiously complete all their remaining work as provided by this resolution no later than 31 December 2014, to prepare their closure and to ensure a smooth transition to the Mechanism, including through advance teams in each of the Tribunals;

4. Decides that, as of the commencement date of each branch referred to in paragraph 1, the Mechanism shall continue the jurisdiction, rights and obligations and essential functions of the ICTY and the ICTR, respectively, subject to the provisions of this resolution and the Statute of the Mechanism, and all contracts and international agreements concluded by the United Nations in relation to the ICTY and the ICTR, and still in force as of the relevant commencement date, shall continue in force mutatis mutandis in relation to the Mechanism;

5. Requests the Secretary-General to submit at the earliest possible date, but no later than 30 June 2011, draft Rules of Procedure and Evidence of the Mechanism, which shall be based on the Tribunals’ Rules of Procedure and Evidence subject to the provisions of this resolution and the Statute of the Mechanism, for consideration and adoption by the judges of the Mechanism;

6. Decides that the Rules of Procedure and Evidence of the Mechanism and any amendments thereto shall take effect upon adoption by the judges of the Mechanism unless the Security Council decides otherwise;

7. Decides that the determination of the seats of the branches of the Mechanism is subject to the conclusion of appropriate arrangements between the United Nations and the host countries of the branches of the Mechanism acceptable to the Security Council;

8. Recalls the obligation of States to cooperate with the Tribunals, and in particular to comply without undue delay with requests for assistance in the location, arrest, detention, surrender and transfer of accused persons;

9. Decides that all States shall cooperate fully with the Mechanism in accordance with the present resolution and the Statute of the Mechanism and that consequently all States shall take any measures necessary under their domestic law to implement the provisions of the present resolution and the Statute of the Mechanism, including the obligation of States to comply with requests for assistance or orders issued by the Mechanism pursuant to its Statute;

10. Urges all States, especially States where fugitives are suspected to be at large, to further intensify cooperation with and render all necessary assistance to the Tribunals and the Mechanism, as appropriate, in particular to achieve the arrest and surrender of all remaining fugitives as soon as possible;

11. Urges the Tribunals and the Mechanism to actively undertake every effort to refer those cases which do not involve the most senior leaders suspected of being most responsible for crimes to competent national jurisdictions in accordance with their respective Statutes and Rules of Procedure and Evidence;

12. Calls upon all States to cooperate to the maximum extent possible in order to receive referred cases from the Tribunals and the Mechanism;

13. Requests the Secretary-General to implement the present resolution and to make practical arrangements for the effective functioning of the Mechanism from the first commencement date referred to in paragraph 1, in particular to initiate no later than 30 June 2011 the procedures for the selection of the roster of judges of the Mechanism, as provided in its Statute;

14. Requests the Secretary-General to prepare, in consultation with the Security Council, an information security and access regime for the archives of the Tribunals and the Mechanism prior to the first commencement date referred to in paragraph 1;

15. Requests the Tribunals and the Mechanism to cooperate with the countries of the former Yugoslavia and with Rwanda, as well as with interested entities to facilitate the establishment of information and documentation centres by providing access to copies of public records of the archives of the Tribunals and the Mechanism, including through their websites;

16. Requests the President of the Mechanism to submit an annual report to the Security Council and to the General Assembly, and the President and the Prosecutor of the Mechanism to submit six-monthly reports to the Security Council on the progress of the work of the Mechanism;

17. Decides that the Mechanism shall operate for an initial period of four years from the first commencement date referred to in paragraph 1, and to review the progress of the work of the Mechanism, including in completing its functions, before the end of this initial period and every two years thereafter, and further decides that the Mechanism shall continue to operate for subsequent periods of two years following each such review, unless the Security Council decides otherwise;

18. Underlines its intention to decide on the modalities for the exercise of any remaining residual functions of the Mechanism upon the completion of its operation;

19. Decides to remain seized of the matter.

Annex 1
Statute of the International Residual Mechanism for Criminal Tribunals

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

Having been established by the Security Council acting under Chapter VII of the Charter of the United Nations to carry out residual functions of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (hereinafter “ICTY”) and the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 (hereinafter “ICTR”), the International Residual Mechanism for Criminal Tribunals (hereinafter “the Mechanism”) shall function in accordance with the provisions of the present Statute,

Article 1: Competence of the Mechanism 1. The Mechanism shall continue the material, territorial, temporal and personal jurisdiction of the ICTY and the ICTR as set out in Articles 1 to 8 of the ICTY Statute and Articles 1 to 7 of the ICTR Statute, as well as the rights and obligations, of the ICTY and the ICTR, subject to the provisions of the present Statute.

2. The Mechanism shall have the power to prosecute, in accordance with the provisions of the present Statute, the persons indicted by the ICTY or the ICTR who are among the most senior leaders suspected of being most responsible for the crimes covered by paragraph 1 of this Article, considering the gravity of the crimes charged and the level of responsibility of the accused.

3. The Mechanism shall have the power to prosecute, in accordance with the provisions of the present Statute, the persons indicted by the ICTY or the ICTR who are not among the most senior leaders covered by paragraph 2 of this Article, provided that the Mechanism may only, in accordance with the provisions of the present Statute, proceed to try such persons itself after it has exhausted all reasonable efforts to refer the case as provided in Article 6 of the present Statute.

4. The Mechanism shall have the power to prosecute, in accordance with the provisions of the present Statute,

(a) any person who knowingly and wilfully interferes or has interfered with the administration of justice by the Mechanism or the Tribunals, and to hold such person in contempt; or

(b) a witness who knowingly and wilfully gives or has given false testimony before the Mechanism or the Tribunals.

Before proceeding to try such persons, the Mechanism shall consider referring the case to the authorities of a State in accordance with Article 6 of the present Statute, taking into account the interests of justice and expediency.

5. The Mechanism shall not have the power to issue any new indictments against persons other than those covered by this Article.

Article 2: Functions of the Mechanism The Mechanism shall continue the functions of the ICTY and of the ICTR, as set out in the present Statute (“residual functions”), during the period of its operation.

Article 3: Structure and Seats of the Mechanism The Mechanism shall have two branches, one branch for the ICTY and one branch for the ICTR, respectively. The branch for the ICTY shall have its seat in The Hague. The branch for the ICTR shall have its seat in Arusha.

Article 4: Organization of the Mechanism The Mechanism shall consist of the following organs:

(a) The Chambers, comprising a Trial Chamber for each branch of the Mechanism and an Appeals Chamber common to both branches of the Mechanism;

(b) The Prosecutor common to both branches of the Mechanism;

(c) The Registry, common to both branches of the Mechanism, to provide administrative services for the Mechanism, including the Chambers and the Prosecutor.

Article 5: Concurrent Jurisdiction 1. The Mechanism and national courts shall have concurrent jurisdiction to prosecute persons covered by Article 1 of this Statute.

2. The Mechanism shall have primacy over national courts in accordance with the present Statute. At any stage of the procedure involving a person covered by Article 1 paragraph 2 of this Statute, the Mechanism 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 Mechanism.

Article 6: Referral of Cases to National Jurisdictions 1. The Mechanism shall have the power, and shall undertake every effort, to refer cases involving persons covered by paragraph 3 of Article 1 of this Statute to the authorities of a State in accordance with paragraphs 2 and 3 of this Article. The Mechanism shall have the power also to refer cases involving persons covered by paragraph 4 of Article 1 of this Statute.

2. After an indictment has been confirmed and prior to the commencement of trial, irrespective of whether or not the accused is in the custody of the Mechanism, the President may designate a Trial Chamber which shall determine whether the case should be referred to the authorities of a State:

 * (i) in whose territory the crime was committed; or
 * (ii) in which the accused was arrested; or
 * (iii) having jurisdiction and being willing and adequately prepared to accept such a case, so that those authorities should forthwith refer the case to the appropriate court for trial within that State.

3. In determining whether to refer a case involving a person covered by paragraph 3 of Article 1 of this Statute in accordance with paragraph 2 above, the Trial Chamber shall, consistent with Security Council resolution 1534 (2004), consider the gravity of the crimes charged and the level of responsibility of the accused.

4. The Trial Chamber may order such referral proprio motu or at the request of the Prosecutor, after having given to the Prosecutor and, where applicable, the accused, the opportunity to be heard and after being satisfied that the accused will receive a fair trial and that the death penalty will not be imposed or carried out.

5. The Mechanism shall monitor cases referred to national courts by the ICTY, the ICTR, and those referred in accordance with this Article, with the assistance of international and regional organisations and bodies.

6. After an order referring a case has been issued by the ICTY, the ICTR or the Mechanism and before the accused is found guilty or acquitted by a national court, where it is clear that the conditions for referral of the case are no longer met and it is in the interests of justice, the Trial Chamber may, at the request of the Prosecutor or proprio motu and upon having given to the State authorities concerned the opportunity to be heard, revoke the order and make a formal request for deferral.

Article 7: 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 ICTY, the ICTR or the Mechanism.

2. A person covered by Article 1 of this Statute who has been tried before a national court for acts constituting serious violations of international humanitarian law may be subsequently tried by the Mechanism 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 Mechanism 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 8: Roster of Judges 1. The Mechanism shall have a roster of 25 independent judges (“judges of the Mechanism”), not more than two of whom may be nationals of the same State.

2. A person who for the purposes of membership of the roster could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

3. The judges of the Mechanism shall only be present at the seats of the branches of the Mechanism as necessary at the request of the President to exercise the functions requiring their presence. In so far as possible, and as decided by the President, the functions may be exercised remotely, away from the seats of the branches of the Mechanism.

4. The judges of the Mechanism shall not receive any remuneration or other benefits for being on the roster. The terms and conditions of service of the judges for each day on which they exercise their functions for the Mechanism shall be those of the judges ad hoc of the International Court of Justice. The terms and conditions of service of the President of the Mechanism shall be those of the judges of the International Court of Justice.

Article 9: Qualification of Judges 1. The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to the highest judicial offices. Particular account shall be taken of experience as judges of the ICTY or the ICTR.

2. In the composition of the Trial and Appeals Chambers, due account shall be taken of the experience of the judges in criminal law, international law, including international humanitarian law and human rights law.

Article 10: Election of Judges 1. The judges of the Mechanism shall be elected by the General Assembly from a list submitted by the Security Council, in the following manner:

(a) The Secretary-General shall invite nominations for judges, preferably from among persons with experience as judges of the ICTY or the ICTR, from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters;

(b) Within sixty days of the date of the invitation of the Secretary-General, each State may nominate up to two candidates meeting the qualifications set out in Article 9 paragraph 1 of the Statute;

(c) The Secretary-General shall forward the nominations received to the Security Council. From the nominations received the Security Council shall establish a list of not less than 30 candidates, taking due account of the qualifications set out in Article 9 paragraph 1 and adequate representation of the principal legal systems of the world;

(d) The President of the Security Council shall transmit the list of candidates to the President of the General Assembly. From that list the General Assembly shall elect 25 judges of the Mechanism. The candidates who receive an absolute majority of the votes of the States Members of the United Nations and of the non-member States maintaining permanent observer missions at United Nations Headquarters, shall be declared elected. Should more than two candidates of the same nationality obtain the required majority vote, the two who received the highest number of votes shall be considered elected.

2. In the event of a vacancy in the roster, after consultation with the Presidents of the Security Council and of the General Assembly, the Secretary-General shall appoint a person meeting the qualifications of Article 9 paragraph 1 of the Statute, for the remainder of the term of office concerned.

3. The judges of the Mechanism shall be elected for a term of four years and shall be eligible for reappointment by the Secretary-General after consultation with the Presidents of the Security Council and of the General Assembly.

4. If there are no judges remaining on the roster or if no judge on the roster is available for appointment, and if it is not possible to assign a judge currently serving at the Mechanism, and all practical alternatives having been explored, the Secretary-General may, at the request of the President of the Mechanism and after consultation with the Presidents of the Security Council and of the General Assembly, appoint a person meeting the qualifications of Article 9 paragraph 1 of the Statute, to serve as a judge of the Mechanism.

Article 11: The President 1. After consultation with the President of the Security Council and the judges of the Mechanism, the Secretary-General shall appoint a full-time President from among the judges of the Mechanism.

2. The President shall be present at either seat of the branches of the Mechanism as necessary to exercise his or her functions

Article 12: Assignment of Judges and Composition of the Chambers 1. In the event of a trial of a case pursuant to paragraphs 2 and 3 of Article 1 of this Statute, or to consider the referral of such a case to a national jurisdiction, the President shall appoint three judges from the roster to compose a Trial Chamber and the Presiding Judge from amongst their number to oversee the work of that Trial Chamber. In all other circumstances, including trials pursuant to paragraph 4 of Article 1 of this Statute, the President shall appoint a Single Judge from the roster to deal with the matter.

2. The President may designate a duty judge from the roster for each branch of the Mechanism, who will be available at short notice, to serve as a Single Judge and to whom indictments, warrants, and other matters not assigned to a Trial Chamber, may be transmitted for decision.

3. The President of the Mechanism shall be a member of the Appeals Chamber, appoint the other members and preside over its proceedings. In the event of an appeal against a decision by a Single Judge, the Appeals Chamber shall be composed of three judges. In the event of an appeal against a decision by a Trial Chamber, the Appeals Chamber shall be composed of five judges.

4. In the event of an application for review in accordance with Article 24 of this Statute of a judgment rendered by a single Judge or by a Trial Chamber, the President shall appoint three judges to compose a Trial Chamber on review. In the event of an application for review of a judgment rendered by the Appeals Chamber, the Appeals Chamber on review shall be composed of five judges.

5. The President may appoint, from among the judges of the Mechanism, a reserve judge to be present at each stage of a trial and to replace a judge if that judge is unable to continue sitting.

Article 13: Rules of Procedure and Evidence 1. The judges of the Mechanism shall adopt Rules of Procedure and Evidence for the conduct of the pre-trial phase of the proceedings, trials and appeals, the admission of evidence, the protection of victims and witnesses and other appropriate matters.

2. Amendments of the Rules of Procedure and Evidence may be decided remotely by the judges of the Mechanism by written procedure.

3. The Rules of Procedure and Evidence and any amendments thereto shall take effect upon adoption by the judges of the Mechanism unless the Security Council decides otherwise.

4. The Rules of Procedure and Evidence and amendments thereto shall be consistent with this Statute.

Article 14: The Prosecutor 1. The Prosecutor shall be responsible for the investigation and prosecution of persons covered by Article 1 of this Statute.

2. The Prosecutor shall act independently as a separate organ of the Mechanism. He or she shall not seek or receive instructions from any government or from any other source.

3. The Office of the Prosecutor shall be composed of a Prosecutor, an officer in charge at the seat of each branch of the Mechanism designated by the Prosecutor, and such other qualified staff as may be required, in accordance with paragraph 5 of this Article. The Prosecutor shall be present at either seat of the branches of the Mechanism as necessary to exercise his or her functions.

4. The Prosecutor shall be appointed by the Security Council on nomination by the Secretary-General. He or she shall be of high moral character and possess the highest level of competence and experience in the conduct of investigations and prosecutions of criminal cases. The Prosecutor shall serve for a four-year term and be eligible for reappointment. The terms and conditions of service of the Prosecutor shall be those of an Under-Secretary-General of the United Nations.

5. The Office of the Prosecutor shall retain a small number of staff commensurate with the reduced functions of the Mechanism, who shall serve at the seats of the branches of the Mechanism. The Office shall maintain a roster of qualified potential staff, preferably from among persons with experience at the ICTY or the ICTR, to enable it to recruit additional staff rapidly as may be required to perform its functions. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the recommendation of the Prosecutor.

Article 15: The Registry 1. The Registry shall be responsible for the administration and servicing of the branches of the Mechanism.

2. The Registry shall consist of a Registrar, an officer in charge at the seat of each branch of the Mechanism designated by the Registrar, and such other qualified staff as may be required in accordance with paragraph 4 of this Article. The Registrar shall be present at either seat of the branches of the Mechanism as necessary to exercise his or her functions.

3. The Registrar shall be appointed by the Secretary-General for a four-year term and be eligible for reappointment. The terms and conditions of service of the Registrar shall be those of an Assistant Secretary-General of the United Nations.

4. The Registry shall retain a small number of staff commensurate with the reduced functions of the Mechanism, who shall serve at the seat of the respective branches of the Mechanism. The Registry shall maintain a roster of qualified potential staff, preferably from among persons with experience at the ICTY or the ICTR, to enable it to recruit additional staff rapidly as may be required to perform its functions. The Staff of the Registry shall be appointed by the Secretary-General on the recommendation of the Registrar.

Article 16: Investigation and Preparation of Indictment 1. The Prosecutor shall have the power to conduct investigations against persons covered by Article 1 of this Statute. The Prosecutor shall not have the power to prepare new indictments against persons other than those covered by Article 1 of this Statute.

2. The Prosecutor shall have the power to question suspects, victims and witnesses, to collect evidence and to conduct on-site investigations. In carrying out these tasks, the Prosecutor may, as appropriate, seek the assistance of the State authorities concerned.

3. If questioned, the suspect shall be entitled to be assisted by Counsel of his or her own choice, including the right to have legal assistance assigned to the suspect without payment by him or her in any such case if he or she does not have sufficient means to pay for it, as well as necessary translation into and from a language he or she speaks and understands.

4. Upon a determination that a prima facie case exists, the Prosecutor shall prepare an indictment containing a concise statement of the facts and the crime or crimes with which the accused is charged under the Statute. The indictment shall be transmitted to the duty judge or a Single Judge designated by the President.

Article 17: Review of the Indictment 1. The indictment shall be reviewed by the duty judge or a Single Judge designated by the President. If satisfied that a prima facie case has been established by the Prosecutor, he or she shall confirm the indictment. If not so satisfied, the indictment shall be dismissed.

2. Upon confirmation of an indictment, the judge may, at the request of the Prosecutor, issue such orders and warrants for the arrest, detention, surrender or transfer of persons, and any other orders as may be required for the conduct of the trial.

Article 18: Commencement and Conduct of Trial Proceedings 1. The Single Judge or Trial Chambers conducting a trial shall ensure that the trial is fair and expeditious and that proceedings are conducted in accordance with the Rules of Procedure and Evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

2. A person against whom an indictment has been confirmed shall, pursuant to an order or an arrest warrant of the Mechanism, be taken into custody, immediately informed of the charges against him or her and transferred to the Mechanism.

3. The Single Judge or judge of the Trial Chamber designated by the President shall read the indictment, ensure that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to enter a plea. The Single Judge or Trial Chamber shall then set the date for trial.

4. The hearings shall be public unless the Single Judge or Trial Chamber decides to close the proceedings in accordance with its Rules of Procedure and Evidence.

Article 19: Rights of the Accused 1. All persons shall be equal before the Mechanism.

2. In the determination of charges against him or her, the accused shall be entitled to a fair and public hearing, subject to Article 20 of the Statute.

3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

4. In the determination of any charge against the accused pursuant to the present Statute, the accused shall be entitled to the following minimum guarantees, in full equality:

(a) to be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

(b) to have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;

(c) to be tried without undue delay;

(d) to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

(e) to examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her;

(f) to have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Mechanism;

(g) not to be compelled to testify against himself or herself or to confess guilt.

Article 20: Protection of Victims and Witnesses The Mechanism shall provide in its Rules of Procedure and Evidence for the protection of victims and witnesses in relation to the ICTY, the ICTR, and the Mechanism. Such protection measures shall include, but shall not be limited to, the conduct of in camera proceedings and the protection of the victim’s identity.

Article 21: Judgements 1. The Single Judge or Trial Chamber shall pronounce judgements and impose sentences and penalties on persons covered by Article 1 of this Statute who are convicted by the Mechanism.

2. All judgements shall be delivered in public and shall be accompanied by a reasoned opinion in writing. Judgements by a Chamber shall be rendered by a majority of the judges, to which separate or dissenting opinions may be appended.

Article 22: Penalties 1. The penalty imposed on persons covered by paragraphs 2 and 3 of Article 1 of this Statute shall be limited to imprisonment. The penalty imposed on persons covered by paragraph 4 of Article 1 of this Statute shall be a term of imprisonment not exceeding seven years, or a fine of an amount to be determined in the Rules of Procedure and Evidence, or both.

2. In determining the terms of imprisonment, the Single Judge or Trial Chamber shall have recourse to the general practice regarding prison sentences in the courts of the former Yugoslavia and in those of Rwanda, respectively.

3. In imposing the sentences, the Single Judge or Trial Chamber should take into account such factors as the gravity of the offence and the individual circumstances of the convicted person.

4. In addition to imprisonment, the Single Judge or Trial Chamber may order the return of any property and proceeds acquired by criminal conduct, including by means of duress, to their rightful owners.

Article 23: Appellate Proceedings 1. The Appeals Chamber shall hear appeals from convicted persons or from the Prosecutor on the following grounds:

(a) an error on a question of law invalidating the decision; or

(b) an error of fact which has occasioned a miscarriage of justice.

2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Single Judge or Trial Chamber.

Article 24: Review Proceedings Where a new fact has been discovered which was not known at the time of the proceedings before the Single Judge, Trial Chamber or the Appeals Chamber of the ICTY, the ICTR, or the Mechanism and which could have been a decisive factor in reaching the decision, the convicted person may submit to the Mechanism an application for review of the judgement. The Prosecutor may submit such an application within one year from the day that the final judgement was pronounced. The Chamber shall only review the judgement if after a preliminary examination a majority of judges of the Chamber agree that the new fact, if proved, could have been a decisive factor in reaching a decision.

Article 25: Enforcement of Sentences 1. Imprisonment shall be served in a State designated by the Mechanism from a list of States with which the United Nations has agreements for this purpose. Such imprisonment shall be in accordance with the applicable law of the State concerned, subject to the supervision of the Mechanism.

2. The Mechanism shall have the power to supervise the enforcement of sentences pronounced by the ICTY, the ICTR or the Mechanism, including the implementation of sentence enforcement agreements entered into by the United Nations with Member States, and other agreements with international and regional organizations and other appropriate organisations and bodies.

Article 26: Pardon or Commutation of Sentences If, pursuant to the applicable law of the State in which the person convicted by the ICTY, the ICTR, or the Mechanism is imprisoned, he or she is eligible for pardon or commutation of sentence, the State concerned shall notify the Mechanism accordingly. There shall only be pardon or commutation of sentence if the President of the Mechanism so decides on the basis of the interests of justice and the general principles of law.

Article 27: Management of the Archives 1. Without prejudice to any prior conditions stipulated by, or arrangements with, the providers of information and documents, the archives of the ICTY, the ICTR and the Mechanism shall remain the property of the United Nations. These archives shall be inviolable wherever located pursuant to Section 4 of the Convention on the Privileges and Immunities of the United Nations of 13 February 1946.

2. The Mechanism shall be responsible for the management, including preservation and access, of these archives. The archives of the ICTY and the ICTR shall be co-located with the respective branches of the Mechanism.

3. In managing access to these archives, the Mechanism shall ensure the continued protection of confidential information, including information concerning protected witnesses, and information provided on a confidential basis. For this purpose, the Mechanism shall implement an information security and access regime, including for the classification and declassification as appropriate of the archives.

Article 28: Cooperation and Judicial Assistance 1. States shall cooperate with the Mechanism in the investigation and prosecution of persons covered by Article 1 of this Statute.

2. States shall comply without undue delay with any request for assistance or an order issued by a Single Judge or Trial Chamber in relation to cases involving persons covered by Article 1 of this Statute, including, but not limited to:

(a) the identification and location of persons;

(b) the taking of testimony and the production of evidence;

(c) the service of documents;

(d) the arrest or detention of persons;

(e) the surrender or the transfer of the accused to the Mechanism.

3. The Mechanism shall respond to requests for assistance from national authorities in relation to investigation, prosecution and trial of those responsible for serious violations of international humanitarian law in the countries of former Yugoslavia and Rwanda, including, where appropriate, providing assistance in tracking fugitives whose cases have been referred to national authorities by the ICTY, the ICTR, or the Mechanism.

Article 29: The Status, Privileges and Immunities of the Mechanism 1. The Convention on the Privileges and Immunities of the United Nations of 13 February 1946 shall apply to the Mechanism, the archives of the ICTY, the ICTR and the Mechanism, the judges, the Prosecutor and his or her staff, and the Registrar and his or her staff.

2. The President, the Prosecutor and the Registrar shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law. The judges of the Mechanism shall enjoy the same privileges and immunities, exemptions and facilities when engaged on the business of the Mechanism.

3. The staff of the Prosecutor and of the Registrar shall enjoy the privileges and immunities accorded to officials of the United Nations under articles V and VII of the Convention referred to in paragraph 1 of this Article.

4. Defence counsel, when holding a certificate that he or she has been admitted as counsel by the Mechanism and when performing their official functions, and after prior notification by the Mechanism to the receiving State of their mission, arrival and final departure, shall enjoy the same privileges and immunities as are accorded to experts on mission for the United Nations under Article VI, Section 22, paragraphs (a) to (c), and Section 23, of the Convention referred to in paragraph 1 of this Article. Without prejudice to their privileges and immunities, it is the duty of defence counsel enjoying such privileges and immunities to respect the laws and regulations of the receiving State.

5. Other persons, including the accused, required at the seats of the Mechanism, shall be accorded such treatment as is necessary for the proper functioning of the Mechanism.

Article 30: Expenses of the Mechanism The expenses of the Mechanism shall be expenses of the Organisation in accordance with Article 17 of the Charter of the United Nations.

Article 31: Working Languages The working languages of the Mechanism shall be English and French.

Article 32: Reports 1. The President of the Mechanism shall submit an annual report of the Mechanism to the Security Council and to the General Assembly.

2. The President and Prosecutor shall submit six-monthly reports to the Security Council on the progress of the work of the Mechanism.

Annex 2
Transitional Arrangements

Article 1 — Trial Proceedings 1. The ICTY and ICTR shall have competence to complete all trial or referral proceedings which are pending with them as of the commencement date of the respective branch of the Mechanism.

2. If a fugitive indicted by the ICTY or ICTR is arrested more than 12 months, or if a retrial is ordered by the Appeals Chamber more than 6 months prior to the commencement date of the respective branch of the Mechanism, the ICTY or ICTR, respectively, shall have competence over such person in accordance with their respective Statutes and Rules of Procedure and Evidence to conduct, and complete, the trial of such person, or to refer the case to the authorities of a State, as appropriate.

3. If a fugitive indicted by the ICTY or ICTR is arrested 12 months or less, or if a retrial is ordered 6 months or less prior to the commencement date of the respective branch of the Mechanism, the ICTY or ICTR, respectively, shall only have competence over such person in accordance with their respective Statutes and Rules of Procedure and Evidence to prepare the trial of such person, or to refer the case to the authorities of a State, as appropriate. As of the commencement date of the respective branch of the Mechanism, the Mechanism shall have competence over such person in accordance with Article 1 of its Statute, including trial of such person or referral of the case, as appropriate.

4. If a fugitive indicted by the ICTY or ICTR is arrested or if a retrial is ordered on or after the commencement date of the respective branch of the Mechanism, the Mechanism shall have competence over such person in accordance with Article 1 of its Statute.

Article 2 — Appeals Proceedings 1. The ICTY and ICTR shall have competence to conduct, and complete, all appellate proceedings for which the notice of appeal against the judgment or sentence is filed prior to the commencement date of the respective branch of the Mechanism.

2. The Mechanism shall have competence to conduct, and complete, all appellate proceedings for which the notice of appeal against the judgment or sentence is filed on or after the commencement date of the respective branch of the Mechanism.

Article 3 — Review Proceedings 1. The ICTY and ICTR shall have competence to conduct, and complete, all review proceedings for which the application for review of the judgment is filed prior to the commencement date of the respective branch of the Mechanism.

2. The Mechanism shall have competence to conduct, and complete, all review proceedings for which the application for review of the judgment is filed on or after the commencement date of the respective branch of the Mechanism.

Article 4 — Contempt of Court and False Testimony 1. The ICTY and ICTR shall have competence to conduct, and complete, all proceedings for contempt of court and false testimony for which the indictment is confirmed prior to the commencement date of the respective branch of the Mechanism.

2. The Mechanism shall have competence to conduct, and complete, all proceedings for contempt of court and false testimony for which the indictment is confirmed on or after the commencement date of the respective branch of the Mechanism.

Article 5 — Protection of Victims and Witnesses 1. The ICTY and ICTR shall provide for the protection of victims and witnesses, and carry out all related judicial or prosecutorial functions, in relation to all cases for which the ICTY or ICTR, respectively, has competence pursuant to Articles 1 to 4 of the present Annex.

2. The Mechanism shall provide for the protection of victims and witnesses, and carry out all related judicial or prosecutorial functions, in relation to all cases for which the Mechanism has competence pursuant to Articles 1 to 4 of the present Annex.

3. The Mechanism shall provide for the protection of victims and witnesses, and carry out all related judicial or prosecutorial functions, where a person is a victim or witness in relation to two or more cases for which the Mechanism and the ICTY or ICTR, respectively, have competence pursuant to Articles 1 to 4 of the present Annex.

4. The ICTY and ICTR, respectively, shall make the necessary arrangements to ensure as soon as possible a coordinated transition of the victims and witness protection function to the Mechanism in relation to all completed cases of the Tribunals. As of the commencement date of the respective branch of the Mechanism, the Mechanism shall carry out all related judicial or prosecutorial functions in relation to these cases.

Article 6 — Coordinated Transition of other Functions The ICTY and ICTR, respectively, shall make the necessary arrangements to ensure, as soon as possible, a coordinated transition of the other functions of the Tribunals to the Mechanism, including the supervision of enforcement of sentences, assistance requests by national authorities, and the management of records and archives. As of the commencement date of the respective branch of the Mechanism, the Mechanism shall carry out all related judicial or prosecutorial functions.

Article 7 — Transitional Arrangements for the President, Judges, Prosecutor, Registrar and Staff Notwithstanding the provisions of the Statutes of the Mechanism, the ICTY and ICTR,

(a) the President, Judges, Prosecutor and Registrar of the Mechanism may also hold the office of President, Judge, Prosecutor and Registrar, respectively, of the ICTY or ICTR;

(b) the staff members of the Mechanism may also be staff members of the ICTY or ICTR.


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Rh Jews of perverting the Scriptures and saying râʼhinâ: they are threatened with transformation, like those who broke the Sabbath, for their unbelief. Idolatry the unpardonable sin. Some who have the Scriptures believe. Trusts to be paid back. Quarrels to be referred to God and the Apostle only. The Apostle will intercede for the believers. Mohammed commanded to settle their differences. Believers to take precautions in sallying forth to battle. They are exhorted to fight, and promised Paradise if they fall. Obedience to the prophet is obedience to God. Salutation to be returned. The hypocrites. Deserters are to be slain, unless they have taken refuge with a tribe in league with the Muslims. Penalty for killing a believer by mistake. Believers are not to plunder others on the mere pretence that they are infidels. Fate of the half-hearted Muslims who fell at Bedr. Precautions to be taken against an attack during prayers. Exhortation to sincerity in supporting the faith. Rebuke to the pagan Arabs for their idolatry and superstitious practices. Islam the best religion, being that of Abraham the ʿHanîf. Laws respecting women and orphans: equity and kindness recommended. Partiality to one wife rather than another reproved. Fear of God inculcated. God does not pardon the unstable in faith or the hypocrites. No middle course is allowed. The Jews were punished for demanding a book from heaven. Of old they asked Moses to show them God openly and were punished. They are reproached for breaking their covenant with God, for calumniating Mary, and for pretending that they killed Jesus, whereas they only killed his similitude, for God took him to Himself. Certain lawful foods forbidden the Jews for their injustice and usury. Mohammed is inspired in the same manner as the other apostles and prophets. Jesus is only an Apostle of God and His Word and a spirit from Him. Doctrine of the Trinity denounced. God has not begotten a son. The law of inheritance in the case of remote kinship.

Ⅴ. . (Medînah.)

Believers are to fulfil their compacts. Brute beasts, except those hereafter mentioned, are lawful; but chase during the pilgrimage is unlawful. The rites and sacrifices of the pilgrimage are lawful. The Muslims are not to bear ill-will against the Qurâis who prevented them at ʿHudâibîyeh from making the pilgrimage. Forbidden meats. The food of Jews and Christians is lawful f 2


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 the dead formal worship of all that had its origin in Greece; and now I am interested to notice the men, leading from weight of earnestness, tho' educated in all the Gothic and Teuton sympathies, turning back to Greek thought, and even imagery, as if it contained nobler symbols of abiding truth than our northern legends. Yes, even to feel the influence of the Grecian wave myself. So we got into interesting talk. He told me that there was little translation of Greek which he knew or cared for; that he had done a little himself, which will be published with next Tuesday's lecture; that Homer, even translated by Pope, taught one a good deal; that some tales by Cox (do you know them?) were intensely good; but (as I was pleased to know that I had instinctively felt), Morris's Jason was the most helpful almost of all. He sketched for me most beautifully, a kind of plan of Greek mythology, saying that the deities who governed the elements were the primary ones; the earth the sustainer of man; the water governing the ebb and flow of his fortunes, the two fiery deities earthly and heavenly; and the goddess of the air the inspirer. He quoted curious parallel thoughts from the Bible; "the wind bloweth where it listeth." He told me some strange things, too, about Minerva giving men strength from winged beings, and once, when enduing Menelaus with courage to fight Paris, giving it from a mosquito; whereas most gods give them strength from quadrupeds that are strong. Round these central deities are grouped many minor ones; Mercury, the cloud-compeller, often represented as a shepherd, guides the footsteps of men in life and death.

I asked him how far Virgil was too Roman to be trusted. He seemed very much pleased to find that I


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Rh For the nonce, let us drop the word hysteria and formulate the matter as follows:—Women are frequently subject to a pathological mental condition, differing in different cases but offering certain well-marked features in common, a condition which seldom, if ever, occurs in men. This I take to be an incontrovertible proposition based upon experience which will be admitted by every impartial person.

Now the existence of the so-called hysterical man I have hitherto found to be attested on personal experience solely by certain Feminist medical practitioners who allege that they have met with him in their consulting-rooms. His existence is thus vouchsafed for just as the reality of the sea-serpent is vouchsafed for by certain sea captains or other ancient mariners. Far be it from me to impugn the ability, still less the integrity, of these worthy persons. But in either case I may have my doubts as to the accuracy of their observation or of their diagnosis. It may be that the sea-serpent exists and it may be that hysteria is at times discoverable in male persons. But while a conclusive proof of the discovery of a single sea-serpent of the orthodox pattern would go far to justify the yarn of the ancient mariner, the proof of the occurrence, in an occasional case, of hysteria in men, would not by far justify the implied contention that hysteria is not essentially

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124 a female malady. If hysterical men are as common a phenomenon as certain hard-pressed Feminists would make out, what I want to know is: Where are they? While we come upon symptoms which would be commonly attributed to hysteria in well-nigh every second or third woman of whose life we have any intimate knowledge, how often do we find in men symptoms in any way resembling these! In my own experience I have come across but two cases of men giving indications of a temperament in any way analogous to that of the "hysterical woman." After all, the experience of the average layman, and in this I contend my own is more or less typical, is more important in the case of a malady manifesting itself in symptoms obvious to common observation, such as the one we are considering, than that of the medical practitioner, who by reason of his profession would be especially likely to see cases, if there were any at all, however few they might be. The possibility, moreover, at least suggests itself, that the latter may often mistake for hysteria (using the word in the sense commonly applied to the symptoms presented by women) symptoms resulting from general neurasthenia or even from purely extraneous causes, such as alcohol, drugs, etc. That this is sometimes the case is hardly open to question. That the pathological mental symptoms referred to as prevalent in the female, whether

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Rh we attribute them to hysteria or not, are rarely if ever found in the male sex is an undoubted fact. The rose, it is said, is as sweet by any other name, and whether we term these affections symptoms of hysteria, or describe them as hysteria itself, or deny that they have anything to go with "true hysteria," their existence and frequency in the female sex remains nevertheless a fact. No! whether some of the symptoms of hysteria, "true" or "so-called," are occasionally to be found in men or not, every impartial person must admit: that they are extremely rare, whereas as regards certain pathological mental symptoms, common in women and popularly identified (rightly or wrongly) with hysteria, there is, I contend, little evidence of their occurring in men at all. Wriggle and prevaricate as they may, it is impossible for Suffragists and Feminists to successfully evade the undoubted truth that the mentality of women is characterised constitutionally by a general instability, manifesting itself in pathological symptoms radically differing in nature and in frequency from any that obtain in men.

Very conspicuous among the fallacies that have done yeoman service in the Feminist Movement is the assumption that women are constitutionally the "weaker sex." This has also been discussed by us in Chapter II., but the latter may again be supplemented here by a few further remarks, so deeply

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126 rooted is this fallacy in public opinion. The reason of the unquestioned acceptance of the assumption is partly due to a confusion of two things under one name. The terms, "bodily strength" and "bodily weakness" cover two distinct facts. The attribution of greater bodily weakness to the female sex than to the male undoubtedly expresses a truth, but no less does the attribution of greater bodily strength to the female than to the male sex equally express a truth. In size, weight and muscular development, average man has an unquestionable, and in most cases enormous, advantage over average woman. It is in this sense that the bodily structure of the human female can with some show of justice be described as frail. On the other hand, as regards tenacity of life, recuperative power and what we may term toughness of constitution, woman is without doubt considerably stronger than man. Now this vigour of constitution may, of course, also be described as bodily strength, and to this confusion the assumption of the general frailty of the female bodily organism as compared with the male has acquired general currency in the popular mind.

The most carefully controlled and reliable statistics of the Registrar-General and other sources show the enormously greater mortality of men than of women at all ages and under all conditions of life. Under the age of five the evidence shows that 120 boys die to every 100 girls. In adult life the

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Rh Registrar-General shows that diseases of the chest are the cause of nearly 40 per cent of more deaths among men than among women. That violence and accident should be the occasion of 150 per cent. more deaths amongst men than women is accounted for, partly, at least, by the greater exposure of men, although the enormous disparity would lead one to suspect that here also the inferior resisting power in the male constitution plays a not inconsiderable part in the result. The report of the medical officer to the Local Government Board proves that between the ages of fifty-five and sixty-five there is a startling difference in numbers between the deaths of men and those of women. The details for the year 1910 are as follows:— Various additional causes, connected with the more active and anxious life of men, the greater strain to which they are subjected, their greater exposure alike to infection and to accident, may explain a

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128 certain percentage of the excessive death-rate of the male population as opposed to the female, yet these explanations, even allowing the utmost possible latitude to them, really only touch the fringe of the difference, with the single exception of deaths from violence and accident above alluded to, where liability and exposure may account for a somewhat larger percentage. The great cause of the discrepancy remains, without doubt, the enormously greater potentiality of resistance, in other words of constitutional strength, in the female bodily organism as compared with the male.

We must now deal at some length with a fallacy of some importance, owing to the apparatus of learning with which it has been set forth, to be found in Mr Lester F. Ward's book, entitled "Pure Sociology," notwithstanding that its fallacious nature is plain enough when analysed. Mr Ward terms his speculation the "Gynœcocentric Theory," by which he understands apparently the Feminist dogma of the supreme importance of the female in the scheme of humanity and nature generally. His arguments are largely drawn from general biology, especially that of inferior organisms. He traces the various processes of reproduction in the lower departments of organic nature, subdivision, germination, budding, etc., up to the earlier forms of bi-sexuality, culminating in conjugation or true sexual union. His standpoint

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, you might perhaps put her in mind, that our Saviour in His prayer before His sufferings, in ch. xvii. of St. John, plainly had an eye to the command he purposed to give them, when he was going to be taken out of their sight: which command we read in the last three verses of St. Matthew. The prayer was "not for the Apostles alone, but for all who should believe on Him : that they all might be one." For whom was this prayer offered? Not for all who any how should believe in, but "for them who should believe on Him through the word of the Apostles:" i. e. for the very same persons described in the other text: "Go ye and teach (or, as it is in the margin, make Disciples, or Christians, of) all nations, baptizing them in the name of the , the , and the ." Those whom he had before prayed for, he here in effect orders to be taught or made Disciples, by persons having Apostolical authority. But these very same Disciples are to be one and all baptized. For our Lord's words are quite express: "Make Christians of them by baptizing them;" so that if we are to go by these words, it is quite plain that persons unbaptized cannot properly be called Christians: and if we compare the same words with the other text, it seems very doubtful whether such persons are included in the meaning of our gracious intercession: which is surely a point to be deeply considered. Do you quite understand me, Richard?"

"Yes, Sir, I believe I do. Those are some of the places in Scripture, which I turned to and begged my sister Lucy to consider. But of course. Sir, I could not reason on them so exactly as you have now done. There was another place too, which I begged her to think a good deal of, which must needs, I think, sound very awful to those who are inclined to make light of Baptism: I mean what was said to Nicodemus, "Except a man be born and of the Spirit, he cannot enter into the kingdom of ." It seems to me. Sir, that in speaking those words, our Saviour, who knew what he would do, must have borne in mind his purpose of causing water to be what it is made in the Sacrament of Baptism, the outward and visible sign of our new birth,


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Rh he thus states in the terms of biological origins: "Although reproduction and sex are two distinct things, and although a creature that reproduces without sex cannot properly be called either male or female, still so completely have these conceptions become blended in the popular mind that a creature which actually brings forth offspring out of its own body, is instinctively classed as female. The female is the fertile sex, and whatever is fertile is looked upon as female. Assuredly it would be absurd to look upon an organism propagating sexually as male. Biologists have proceeded from this popular standpoint and regularly speak of 'mother cells,' and 'daughter cells.' It, therefore, does no violence to language or to science to say that life begins with the female organism and is carried on a long distance by means of females alone. In all the different forms of a-sexual reproduction, from fission to parthenogenesis, the female may in this sense be said to exist alone and perform all the functions of life, including reproduction. In a word, life begins as female."

In the above remarks it will be seen that Mr Ward, so to say, jumps the claim of a-sexual organisms to be considered as female. This, in itself a somewhat questionable proceeding, serves him as a starting-point for his theory. The a-sexual female (?), he observes, is not only primarily the

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130 original sex, but continues throughout, the main trunk, though afterwards the male element is added "for the purposes of fertilisation." "Among millions of humble creatures," says Mr Ward, "the male is simply and solely a fertiliser." The writer goes on in his efforts to belittle the male sex in the sphere of biology. "The gigantic female spider and the tiny male fertiliser, the Mantis insect with its similarly large and ferocious female, bees, and mosquitoes," all are pressed into the service. Even the vegetable kingdom, in so far as it shows signs of sex differentiation, is brought into the lists in favour of his theory of female supremacy, or "gynæcocentricism," as he terms it.

This theory may be briefly stated as follows:—In the earliest organisms displaying sex differentiation, it is the female which represents the organism proper, the rudimentary male existing solely for the purpose of the fertilisation of the female. This applies to most of the lower forms of life in which the differentiation of sex obtains, and in many insects, the Mantis being one of the cases specially insisted upon by our author. The process of the development of the male sex is by means of the sexual selection of the female. From being a mere fertilising agent, gradually, as evolution proceeds, it assumes the form and characteristics of an independent organism like the original female trunk organism. But the latter continues to

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Rh its supremacy in the life of the species, by means chiefly of sexual selection, until the human period, i.e. more or less(!), for Mr Ward is bound to admit signs of male superiority in the higher vertebrates—viz. birds and mammals. This superiority manifests itself in size, strength, ornamentation, alertness, etc. But it is with man, with the advent of the reasoning faculty, and, as a consequence, of human supremacy, that it becomes first unmistakably manifest. This superiority, Mr Ward contends, has been developed under the ægis of the sexual selection of the female, and enabled cruel and wicked man to subject and enslave down-trodden and oppressed woman, who has thus been crushed by a Frankenstein of her own creation. Although in various earlier phases of human organisation woman still maintains her social supremacy, this state of affairs soon changes. Androcracy establishes itself, and woman is reduced to the role of breeding the race and of being the servant of man. Thus she has remained throughout the periods of the higher barbarism and of civilisation. Our author regards the lowest point of what he terms the degradation of woman to have been reached in the past, and the last two centuries as having witnessed a movement in the opposite direction—namely, towards the emancipation of woman and equality between the sexes. (Cf. "Pure Sociology," chap. xiv., and especially pp. 290–377.)

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132 The above is a brief, but, I think, not unfair skeleton statement of the theory which Mr Lester Ward has elaborated in the work above referred to, in great detail and with immense wealth of illustration. But now I ask, granting the correctness of Mr Ward's biological premises and the accuracy of his exposition, and I am not specialist enough to be capable of criticising these in detail: What does it all amount to? The "business end" (as the Americans would say) of the whole theory, it is quite evident, is to afford a plausible and scientific basis for the Modern Feminist Movement, and thus to further its practical pretensions. What Mr Ward terms the androcentric theory, at least as regards man and the higher vertebrates, which is on the face of it supported by the facts of human experience and has been accepted well-nigh unanimously up to quite recent times, is, according to him, all wrong. The male element in the universe of living things is not the element of primary importance, and the female element the secondary, but the converse is the case. For this contention Mr Ward, as already pointed out, has, by dint of his biological learning, succeeded at least in making out a case in so far as lower forms of life are concerned. He has, however, to admit—a fatal admission surely—that evolution has tended progressively to break down the superiority of the female (by means, as he contends, of her own

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Rh sexual selection) and to transfer sex supremacy to the male, according to Mr Ward, hitherto a secondary being, and that this tendency becomes very obvious in most species of birds and mammals. With the rise of man, however, out of the pithecanthropos, the homosynosis, or by whatever other designation we may call the intermediate organism between the purely animal and the purely human, and the consequent supersession of instinct as the dominant form of intelligence by reason, the question of superiority, as Mr Ward candidly admits, is no longer doubtful, and upon the unquestionable superiority of the male, in due course of time, follows the unquestioned supremacy. It is clear then that, granting the biological premises of our author that the lowest sexual organisms are virtually female and that in the hermaphrodites the female element predominates; that in the earliest forms of bi-sexuality the fertilising or male element was merely an offshoot of the female trunk and that this offshoot develops, mainly by means of sexual selection on the part of the female, into an organism similar to the latter; that not until we reach the higher vertebrates, the birds and the mammals, do we find any traces of male superiority; and that this superiority only becomes definite and obvious, leading to male domination, in the human species—granting all this, I say, what argument can be founded upon it in support of the

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 and admission into His Church". I put the substance of the two places side by side in this way.

What made me stronger in this opinion, was observing the like argument in our Divine Master's language, when speaking of the other Holy Sacrament. As thus: for I wrote the four places down, to make my meaning plain to the very eye.

"I hope, Sir, you will not think that I am using the Bible too freely: but I must own, to me it is very convincing, when I see one part of our discourses thus pointing as it were to another, and both so thoroughly agreeing with the known customs of the early Church, as I have always understood these do.

"For it is now some few years, Sir, since I began to think on this subject, and what few doubts I had, were very much settled by a book which you kindly spared me from your Lending Library. I think it was called 'A conference of two men on the subject of Infant Baptism.' And it showed to my thinking most clearly, the opinion of the Church on that subject, in times when they must have known what the very Apostles used to do.

"These things, in my plain way, I tried to point out to my sister; and I was in hopes to have convinced her, that wilfully to remain unbaptized is a more grievous sin than the generality of Dissenters (aye, and a great many Churchmen) imagine. I


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134 equal value physically, intellectually and morally of the female sex in human society, or the desirability of its possessing equal political power with men in such society? On the contrary, Mr Ward's whole exposition, with his biological facts of illustration, would seem to point rather in the opposite direction. We seem surely to have here, if Mr Ward's premises be accepted as to the primitive insignificance of the male element—at first overshadowed and dominated by the female stem, but gradually evolving in importance, character and fruition, till we arrive at man the highest product of evolution up to date—a powerful argument for anti-Feminism. On Mr Ward's own showing, we find that incontestible superiority, both in size and power of body and brain, has manifested itself in Androcracy, when the female is relegated, in the natural course of things, to the function of child-bearing. This, it can hardly be denied, is simply one more instance of the general process of evolution, whereby the higher being is evolved from the lower, at first weak and dependent upon its parent, the latter remaining dominant until the new being reaches maturity, when in its turn it becomes supreme, while that out of which it developed, and of which it was first the mere offshoot, falls into the background and becomes in its turn subordinate to its own product.

Let us turn now to another scientific fallacy, the

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 thought, when our so distinctly affirmed, that one  be born of water and the Spirit, before one could even "enter into God's kingdom," it was not too much to ask of a Christian man, that he should not marry such a person, considering what the Holy Spirit has said by St. Paul to all Christians, that if they marry, they must marry "in the Lord;" that is to say, must select such persons as make part of the body of Christ, considering too what strict charges were given to the Israelites of old time, not to make marriages with the heathen and unbelievers. I thought to myself, and I put it strongly to my sister, how can I, with these convictions, with the Scriptures lying open before me, and as I think distinctly forbidding such things, how can I be helper to such a union? how can I come to altar, and present my relation there to Him, and beg His blessing on an act which in my conscience I believe to be sinful, and most provoking to Him? In short, I told them it was out of the question; and if they would put themselves in my place for a moment, they would see that it must be so."

"I should like to know what the young man thought, as he stood by and heard all this."

"Oh, Sir, I could see that he was very uneasy; he made two or three endeavours to break in upon us with some remarks of his own: but I was steady in not permitting him till I had stated my own view, so as to give it a fair chance. When I had finished, and was going away, leaving my sister, as it seemed to me, more puzzled than convinced by what had been said, Philip came close up to me, and said, in the tone of a man more or less vexed, 'You mistake me quite, uncle, if you think I have any notion of leaving the Church, because I am proposing to marry one who is not yet a Churchwoman. I like the Church as well as ever. I was born and bred in it, and hope to die in it; nay, and by this very engagement of mine, I expect to do good service to the Church. For I shall be very much disappointed indeed, if Letitia be not very soon prevailed on to be baptized, and conform, after she becomes my wife.'

"I told him, if such was indeed her mind, the matter might in no long time be settled to the satisfaction of us all. He had


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 only to wait till that happy change, which he so confidently looked for, had taken place, and I would most gladly attend him as he desired. At this he looked a little disconcerted, and it was plain enough that he had been mistaking what he only wished, for what was likely to happen. So I just asked him one question, whether he thought himself wiser and steadier than Solomon? He very likely (said I), when he permitted himself first to form an attachment to a heathen, expected to bring her over to the faith and worship of the one true ; but it ended in his becoming himself an idolater. Indeed, warnings to his ancient people, not to be unequally yoked with unbelievers, every where go upon the notion, that the corrupting side in such unions will be commonly too strong for that which was originally right. How can it be otherwise, while human nature is corrupt, and when the aid of Divine Grace is forfeited by men's presumptuously running themselves into a state of continual temptation? And, I added, what I have more than once heard from those who have read modern history, that the same kind of result is there also visible enough, attending on the like profane marriages among those who call themselves Christians. I ventured to mention one example, which had occurred to myself, in such little reading as I have had time for in that line—the example of one whom I deeply honour and reverence—you will guess that I mean King Charles the Martyr. I do not know whether I am right, but it has always seemed to me, that the one great error of his Majesty's life was his being "unequally yoked" with a person of another creed,—a person with whom I suppose he could not well pray, although, as we happen to know for certain, he prayed constantly for her conversion. His own faith to be sure was unstained; but we know what evil ensued to his family and kingdom; and perhaps many of his own calamities might be traced to the same cause. Now if that just and good king cannot be excused for such a marriage, what can be said for an ordinary Christian, should he run into the like danger? What is 'tempting, if this be not?' Thus I ran on; but Philip evidently paid little attention to me. He seemed to be making up his mind that I was prejudiced, and


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Rh result of a good man struggling with adversity—i.e. a sound and honest scientific investigator, but one who, at the same time, is either himself obsessed with the principles of Feminism as with a religious dogma, or else is nervously afraid of offending others who are. His attitude reminds one of nothing so much as that of the orthodox geologist of the first half of the nineteenth century, who wrote in mortal fear of incurring the odium theologicum by his exposition of the facts of geology, and who was therefore nervously anxious to persuade his readers that the facts in question did not clash with the Mosaic cosmogony as given in the Book of Genesis. With Mr Havelock Ellis in his work, "Man and Woman," it is not the dogma of Biblical infallibility that he is concerned to defend, but a more modern dogma, that of female equality, so dear to the heart of the Modern Feminist. Mr Ellis's efforts to evade the consequences of the scientific truths he honestly proclaims are almost pathetic. One cannot help noticing, after his exposition of some fact that goes dead against the sex-equality theory as contended for by Feminists, the eagerness with which he hastens to add some qualifying statement tending to show that after all it is not so incompatible with the Feminist dogma as it might appear at first sight.

The pièce de résistance, however, of Mr Havelock Ellis is contained in his "conclusion." The author

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