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Persons working on defence teams at the International Criminal Tribunal for Rwanda (ICTR) occupy a nebulous position within the Tribunal’s matrix of privileges and immunities. Privileges and immunities extended to United Nations-ICTR servants ultimately fall within the jurisdiction of the United Nations (UN) which created the ICTR under Security Council Resolution 955. While Tanzania, where the ICTR is located, is party to a bilateral agreement setting out privileges and immunities for the defence, no such agreement exists with Rwanda where the crime scenes are located and investigations are carried out. The defence is not mentioned in Article 29 of the Statute of the International Tribunal for Rwanda, which otherwise clearly articulates the UN privileges and immunities extended to ICTR judges, the Registrar, the Prosecutor and all staff. The failure of the ICTR to consistently recognize and assert

TRIBUNAL AMBIVALENCE AND RWANDA’S REJECTION OF FUNCTIONAL IMMUNITY FOR THE ICTR DEFENCE