International Criminal Justice At The Yugoslav Tribunal
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The Legacy Of The International Criminal Tribunal For The Former Yugoslavia
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Author : Bert Swart
language : en
Publisher: Oxford University Press
Release Date : 2011-05-19
The Legacy Of The International Criminal Tribunal For The Former Yugoslavia written by Bert Swart and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-19 with Law categories.
The most prolific international criminal court to date, the International Criminal Tribunal for the Former Yugoslavia had a broad impact on international law, human rights, the creation of the International Criminal Court, and the rule of law in the former Yugoslavia. In this book a group of leading experts take stock of its performance and legacy.
International Criminal Justice At The Yugoslav Tribunal
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Author : Mohamed Shahabuddeen
language : en
Publisher: Oxford University Press
Release Date : 2012-11
International Criminal Justice At The Yugoslav Tribunal written by Mohamed Shahabuddeen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11 with Law categories.
Bringing together Judge Shahabuddeen's thoughts on the Tribunal on which he served for many years, this book provides an insider's account of the development of international criminal law at the International Criminal Tribunal for the former Yugoslavia. Judge Shahabuddeen, a respected figure in international law, also assesses its legacy.
The International Criminal Tribunal For The Former Yugoslavia
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Author : Rachel Kerr
language : en
Publisher: OUP Oxford
Release Date : 2004-01-15
The International Criminal Tribunal For The Former Yugoslavia written by Rachel Kerr and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-01-15 with Political Science categories.
On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.
Legacies Of The International Criminal Tribunal For The Former Yugoslavia
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Author : Carsten Stahn
language : en
Publisher: Oxford University Press
Release Date : 2020-06-10
Legacies Of The International Criminal Tribunal For The Former Yugoslavia written by Carsten Stahn and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-10 with Law categories.
The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.
Prosecuting War Crimes
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Author : James Gow
language : en
Publisher: Routledge
Release Date : 2013-09-23
Prosecuting War Crimes written by James Gow and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-23 with Law categories.
This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.
The Un International Criminal Tribunals
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Author : William A. Schabas
language : en
Publisher: Cambridge University Press
Release Date : 2006-07-20
The Un International Criminal Tribunals written by William A. Schabas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-20 with Political Science categories.
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Justice In A Time Of War
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Author : Pierre Hazan
language : en
Publisher: Texas A&M University Press
Release Date : 2004
Justice In A Time Of War written by Pierre Hazan and has been published by Texas A&M University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with History categories.
"Justice in a Time of War is a translation from the French of the first complete, behind-the-scenes story of the International Criminal Tribunal for the Former Yugoslavia, from its proposal by Balkan journalist Mirko Klarin through recent developments in the first trial of its ultimate quarry, Slobodan Milosevic. It is also a meditation on the conflicting intersection of law and politics in achieving justice and peace."--Jacket
International Justice For Former Yugoslavia
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Author : Karine Lescure
language : en
Publisher: BRILL
Release Date : 2023-08-28
International Justice For Former Yugoslavia written by Karine Lescure and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-28 with Law categories.
The extremely serious nature of the crimes committed in former Yugoslavia caused the United Nations Security Council, in its resolution 827 of 25 May, 1993, to establish an ad hoc international criminal Tribunal which would be required to `try those persons responsible for serious breaches of international humanitarian law committed on the territory of former Yugoslavia between 1 January, 1991 and a date to be determined by the Council after peace has been restored.' This international jurisdiction, which has been in existence in the Hague since 17 November, 1993, depends on the political will of the nations to provide it with the means to accomplish its allotted task and to organise international judicial cooperation to assist it. International Justice for Former Yugoslavia explains the way in which the Tribunal - unique of its kind - is designed to work, and to acquaint victims and witnesses with the means available to them to institute proceedings as well as the protective measures of which they may avail themselves. In other words, it is a key to access to the International Tribunal in the Hague. The information will also alert public opinion and mobilize holders of public office and public figures in regard to the need to bring war criminals to justice. The Tribunal is competent to render justice, thus making it possible to end immunity from punishment, a condition which is a sine qua non for a return to lasting peace. It also constitutes a vital link with the hoped-for future creation of an international criminal court.
The Un International Criminal Tribunals
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Author : Klaus Bachmann
language : en
Publisher: Routledge
Release Date : 2015-03-24
The Un International Criminal Tribunals written by Klaus Bachmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-24 with Political Science categories.
Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.
Linguistic Justice At The International Criminal Tribunal For The Former Yugoslavia
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Author : Besmir Fidahić
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2020-11-24
Linguistic Justice At The International Criminal Tribunal For The Former Yugoslavia written by Besmir Fidahić and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-24 with Language Arts & Disciplines categories.
The first of its kind, this book treats language justice in the realm of the international criminal law, focusing specifically on the International Criminal Tribunal for the Former Yugoslavia (ICTY). Defining linguistic justice to mean whether the parties to the proceedings have been addressed by the ICTY in their own language, this study explores the conditions for the delivery of linguistic justice in a context where language plays a key role in the conflict. After presenting a very brief history of language quarrels in the former Yugoslavia and pointing to a series of examples where the language, and underlying ethnic and national identities, have been used as a tool for a conflict, the book reviews ICTY language laws, language-related case law, and procedural linguistic equality of arms between the ICTY Prosecution and Defense to set the stage for language-related work that had to be carried out by the ICTY’s language services providers. After reviewing the history, the recruitment, professional criteria and standards, and training of all ICTY language professionals, this book explores whether linguistic justice has been served by showing overall outputs in translation and interpretation, overall ethnicity- and nationality-based language service delivery, and translation of the permanent court record. It shows that there is much more to provision of language services at international criminal tribunals adjudicating on ethnically motivated war crimes than traditionally thought, and questions whether any of it make any sense as things stand.