Annex 1

Second revised edition, 13 April 1996 Rules of Procedure

1. The members of the Commission are required to make the following solemn declaration: "I solemnly undertake to perform my duties and exercise my powers honorably, faithfully, impartially and conscientiously" (Article 20 of the Statute and Article 5 of the Rules of Procedure of the International Court of Justice). Should a judge be replaced for any reason, the new member shall make the same declaration before the President or his deputy.
   
   
2. The Commission shall, in the manner it deems appropriate, invite the Government, members of the Government, any political or apolitical, governmental or non-governmental organization, any association, group, or other body, to produce within a period to be determined by the Commission any documentation or communication that they may wish to transmit to the Commission within the scope of its mandate.
   
   
3. The Commission shall announce that it is prepared to examine requests from the Government and other interested organizations for any person likely to contribute to the mandate of the Commission to be heard. In such cases, the person's name and position and a brief description of the events about which he or she wishes to testify should reach the Commission within a period of four (4) days.
   
   
4. The Commission shall give notification in writing, or by other appropriate means, within a period of three (3) days, to any witness whom it deems necessary to hear within the scope of its mandate. Such notification shall specify the date and time at which the Commission will receive the testimony.
   
   
5. The Commission may entertain a request for postponement, for reasons considered sufficient, within any period it judges to be reasonable.
   
   
6. The Commission shall give notification in writing, within a period of four (4) days, that it will hear the testimony of the authorities and Government officials who may have knowledge of the events covered by its mandate. The absence of any witness, or his or her refusal to testify, shall be entered in the minutes of the Commission and mentioned in the case file.
   
   
7. The proceedings of the Commission shall be held in private, unless it decides otherwise.
   
   
8. The Commission may authorize representatives of the Government and of the organizations mentioned in paragraph 2 to attend specific hearings.
   
   
9. All information, evidence and testimony shall be treated in strict confidence within the scope of the mandate of the Commission.
   
   
10. The Commission shall give witnesses all reasonable latitude to provide full testimony on any matter considered relevant to the mandate of the Commission.
    
    
11. Any person appearing before the Commission shall have the right to be assisted by a lawyer, if he or she so chooses.
    
    
12. Each witness shall, before giving evidence, take the following oath: "I swear that I will speak the truth, the whole truth, and nothing but the truth." He or she shall then state his or her name, address, civil status, and official position (if any).
    
    
13. The Commission shall permit the witness to make any statement he or she considers necessary. However, the Commission may end the statement at any time if it considers it to be inappropriate or irrelevant to its mandate.
    
    
14. Any member of the Commission may at any time question the witness.
    
    
15. The Commission reserves the right to recall witnesses if necessary.
    
    
16. The Commission shall meet with five members present. However, it may meet with a minimum of three members present. Decisions of the Commission shall be made by an absolute majority of its members.
    
    
17. In case of absence or incapacity of the President, the Commission shall designate an acting president.
    
    
18. 2/ Testimony may be heard by one or more members of the Commission, according to circumstances.
    
    
19. In exceptional circumstances, the Commission may designate two members of its staff to hear testimony or gather other evidence. In such cases, the rules to be followed are set out in appendix I.
    
    
20. Should a report of the Commission not express the unanimous opinion of its members, any of the latter may append a statement of his separate opinion.