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Author : André Klip
Publisher : Intersentia nv
Page : 1116 pages
File Size : 49,5 Mb
Release : 2005
Category : Arbitration (International law)
ISBN : 9789050953979
Author : André Klip
Publisher : Intersentia nv
Page : 810 pages
File Size : 44,8 Mb
Release : 2005
Category : Arbitration (International law)
ISBN : 9789050953757
Author : William A. Schabas
Publisher : Cambridge University Press
Page : 55 pages
File Size : 49,9 Mb
Release : 2006-07-20
Category : Political Science
ISBN : 9781139456814
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.
Author : Bert Swart,A. H. J. Swart,Alexander Zahar,Göran Sluiter
Publisher : Oxford University Press
Page : 585 pages
File Size : 53,5 Mb
Release : 2011-05-19
Category : Law
ISBN : 9780199573417
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.
Author : Carsten Stahn,Carmel Agius,Serge Brammertz,Colleen Rohan
Publisher : Oxford University Press
Page : 672 pages
File Size : 54,5 Mb
Release : 2020-06-10
Category : Law
ISBN : 9780192607942
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.
Author : Rachel Kerr
Publisher : OUP Oxford
Page : 248 pages
File Size : 40,9 Mb
Release : 2004-01-15
Category : Political Science
ISBN : 9780191532375
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.
Author : James Gow,Rachel Kerr,Zoran Pajic
Publisher : Routledge
Page : 262 pages
File Size : 40,6 Mb
Release : 2013-09-23
Category : Law
ISBN : 9781134610778
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.
Author : William A. Schabas
Publisher : Cambridge University Press
Page : 766 pages
File Size : 50,7 Mb
Release : 2006-07-20
Category : Political Science
ISBN : 0521609089
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.
Author : André Klip,Göran Sluiter
Publisher : Unknown
Page : 848 pages
File Size : 54,6 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105063217223
The Series Annotated Leading Cases of International Criminal Tribunals provides the reader with the full text of the most important decisions, including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented the decisions.An index is included. The editors of the Series have gathered the most important case law of the International Criminal Tribunals. The added value of the series is that the selected cases are not only shown in their full format but are also summarised and annotated by leading academics in the field of international criminal law. The series Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR and other forms of international criminal adjudication.
Author : Theodor Meron
Publisher : OUP Oxford
Page : 490 pages
File Size : 48,6 Mb
Release : 2011-07-07
Category : Law
ISBN : 9780191648670
Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, and President of the International Criminal Tribunal for the former Yugoslavia, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order. In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law, and the responsibilities of international jurists. Judge Meron's experience in international criminal justice makes this volume as rewarding for experts as it is for the general public.
Author : Pierre Hazan
Publisher : Texas A&M University Press
Page : 276 pages
File Size : 53,6 Mb
Release : 2004
Category : History
ISBN : 9781603446396
"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
Author : Besmir Fidahić
Publisher : Cambridge Scholars Publishing
Page : 389 pages
File Size : 44,6 Mb
Release : 2020-11-24
Category : Language Arts & Disciplines
ISBN : 9781527562691
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.
Author : Mohamed Shahabuddeen
Publisher : Oxford University Press
Page : 260 pages
File Size : 42,9 Mb
Release : 2012-11
Category : Law
ISBN : 9780199670826
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.
Author : John R. W. D. Jones
Publisher : Transnational
Page : 702 pages
File Size : 53,7 Mb
Release : 2000
Category : Crimes against humanity
ISBN : STANFORD:36105060438376
It is crucial to the pedagogical role of the ICTFY & the ICTR that their Judgements & Decisions be as widely diffused as possible. This task John Jones' Practice of the International Criminal Tribunals for the Former Yugoslavia & Rwanda performs superbly. Antonio Cassese, President, ICTFY This book is an in-depth guide to the case law of both the ICTFY & the ICTR. The cases, arranged according to the relevant provisions of the Statute & Rules of Procedure & Evidence, are each presented with commentary followed by extracts from the Tribunals' decisions. Rules that have been amended are noted with dates & the reason for amendment. With copious material of the two tribunals organized in a manageable way for quick reference, this book is a wholly original contribution to the field of international criminal law.
Author : Eugene O'Sullivan,John E. Ackerman
Publisher : BRILL
Page : 577 pages
File Size : 43,5 Mb
Release : 2021-11-15
Category : Law
ISBN : 9789004502796
This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers. The book is organized by sections, according to each Article of the Statute and Rule of procedure and evidence. Following the text of the Article or Rule, there is a Commentary section, where appropriate and a digest of Judgements, Decisions and Orders of the Appeals Chamber and the Trial Chambers. Materials will be found in the book from the beginning of the operation of the ICTY through the Furundžija Appeals Judgement and the amendments to the Rules in July 2000.
