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The International Criminal Tribunal For The Former Yugoslavia An Exercise In Law Politics And Diplomacy

Author: Rachel Kerr
Publisher: OUP Oxford
ISBN: 9780199263059
Size: 15.82 MB
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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 Tribunalwas 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, stateco-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 insteadenhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

The Legacy Of The International Criminal Tribunal For The Former Yugoslavia

Author: Bert Swart
Publisher: Oxford University Press
ISBN: 0199573417
Size: 27.78 MB
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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 And The Politics Of Compliance

Author: Christopher K. Lamont
Publisher: Routledge
ISBN: 1317114256
Size: 49.86 MB
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International Criminal Justice and the Politics of Compliance provides a comprehensive study of compliance with legal obligations derived from the International Criminal Tribunal for the former Yugoslavia's (ICTY) Statute and integrates theoretical debates on compliance into international justice scholarship. Through the use of three models of compliance based on coercion, self-interest and norms, Christopher Lamont explores both the domestic politics of war crimes indictments and efforts by external actors such as the European Union, the United States and the Tribunal itself to induce compliance outcomes. He examines whether compliance outcomes do or do not translate into a changed normative understanding of international criminal justice on the part of target states.

Justice And Diplomacy

Author: Mark S. Ellis
Publisher: Cambridge University Press
ISBN: 1108568947
Size: 23.46 MB
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Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

Sources Of International Criminal Law

Author: Pawel Aleksander Kupis
Publisher: GRIN Verlag
ISBN: 3656884870
Size: 34.36 MB
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Academic Paper from the year 2012 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Wroclaw, language: English, abstract: The sources if international criminal law are diverse, frequently not immediately obvious, and complicated by a number of different factors. This makes the mission of identifying and applying international criminal law particularly difficult, needing a lot of effort and energy. Thus, it is important to identify the sources of international criminal law in order to determine what weight should actually be attached to international treaties, international custom, documents, materials and judicial decisions, which are commonly referred to in the context of individual criminal responsibility in international law.

Prosecuting War Crimes

Author: James Gow
Publisher: Routledge
ISBN: 113461084X
Size: 51.88 MB
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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 Development Of Institutions Of Human Rights

Author: Lilian A. Barria
Publisher: Palgrave MacMillan
ISBN:
Size: 18.20 MB
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During the transition to democracy, states have used various mechanisms to address previous human rights abuses including domestic trials, truth and reconciliation commissions and internationalized tribunals. This volume analyzes the transitional justice choices made by four countries: Argentina, Bosnia-Herzegovina (BiH), Sierra Leone and East Timor. For each country, there is a chapter which provides a historical overview concerning the causes of the conflict and two subsequent chapters which highlight a different method of transitional justice implemented. The volume highlights the opportunities and the constraints faced by states and the international community to provide accountability for human rights violations.

International Crimes And The Ad Hoc Tribunals

Author: Guénaël Mettraux
Publisher: Oxford University Press on Demand
ISBN: 9780199271559
Size: 46.61 MB
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This volume offers the first comprehensive study of the law of international crimes as applied by the ad hoc Tribunals for the former Yugoslavia and Rwanda. It contains a comprehensive and detailed analysis of the law of war crimes, crimes against humanity, and genocide, as identified by these two tribunals.

The Effectiveness Of International Criminal Justice

Author: Cedric Ryngaert
Publisher: Intersentia Uitgevers N V
ISBN:
Size: 28.18 MB
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"This volume is an offshoot of the research activities of working group II ('international criminal tribunals') of the European Science Foundation's COST A28 Action on Human Rights, Peace and Security in EU Foreign Policy"--P. v.