Briefly Noted

2019 ◽  
Vol 58 (3) ◽  
pp. 664-667
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Life Sentence

On March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals set aside Radovan Karadžić's prior sentence of forty years and imposed a life sentence. Karadžić was convicted of genocide, crimes against humanity, and violations of the laws or customs of war in March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia and sentenced to forty years in prison. His crimes relate to war crimes he committed during the 1990s conflicts in the Balkans, in particular the 1995 Srebrenica massacre of 8,000 Bosnian Serbs and the three-year long siege of Sarajevo. The Appeals Chamber reversed part of Karadžić's convictions related to the Overarching JCE and dismissed the rest of his appeal, while also dismissing most of the Prosecution's appeal, aside from the sentence. The Appeals Chamber judges found that the Trial Chamber “committed a discernible error and abused its discretion in imposing a sentence of only 40 years of imprisonment,” and consequently imposed a life sentence.

scholarly journals Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

2021 ◽  
Vol 43 (3) ◽  
pp. 209-226
Author(s):  
Małgorzata Szwejkowska
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
International Crimes ◽  
Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

scholarly journals The Norm of Justice and the Negotiation of the Rambouillet/Paris Peace Accords

2000 ◽  
Vol 13 (1) ◽  
pp. 207-217
Author(s):  
Paul R. Williams
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Government Officials ◽  
Peace And Justice ◽  
High Government ◽  
Made In

With the creation of the International Criminal Tribunal for the Former Yugoslavia and the imminent creation of a permanent International Criminal Court, as well as the proliferation of public statements by high government officials endorsing the norm of justice, many commentators are hypothesizing that the long running tension between peace and justice may be undergoing a period of reconciliation. A brief review of the efforts to incorporate the norm of justice in the Rambouillet/Paris Accords and UNSC 1244 indicates that only minimal progress has been made in the reconciliation between the quest for a negotiated peace and the norm of justice. As the most powerful nation committed to the rule of law, we have a responsibility to confront these assaults on humankind. One response mechanism is accountability, namely to help bring the perpetrators of genocide, crimes against humanity, and war crimes to justice. If we allow them to act with impunity, then we will only be inviting a perpetuation of these crimes far into the next millennium. Our legacy must demonstrate an unyielding commitment to the pursuit of justice.David SchefferUS Ambassador for War Crimes The search for a juster peace than was obtainable at the negotiating table has inflicted hardship and havoc on innocent civilians within the former Yugoslavia and exacted a heavy price from the already weak economies of the neighboring states.David OwenCo-Chair of the International Conference for the former Yugoslavia

The International Criminal Tribunal for the Former Yugoslavia: The Prosecutor v. Gotovina et al.

2013 ◽  
Vol 52 (1) ◽  
pp. 72-162 ◽  
Author(s):  
Julian Elderfield
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity

On November 16, 2012, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) reversed by majority the findings of a unanimous Trial Chamber in Prosecutor v. Gotovina et al. (Gotovina). In so doing, it acquitted two Croatian generals, Ante Gotovina and Mladen Markač, on all counts of the indictment, including persecution and deportation as crimes against humanity, and four counts of violations of the laws or customs of war.

The Good Deeds of International Criminal Defendants

2012 ◽  
Vol 25 (3) ◽  
pp. 799-813 ◽  
Author(s):  
JEAN GALBRAITH
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
The Other ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Criminal Tribunals ◽  
Good Deeds

AbstractInternational criminal tribunals try defendants for horrific acts: genocide, war crimes, and crimes against humanity. At sentencing, however, evidence often arises of what I will call defendants’ ‘good deeds’ – humanitarian behaviour by the defendants towards those on the other side of the conflict that is conscientious relative to the culture in which the defendants are operating. This article examines the treatment of good deeds in the sentencing practices of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. I show that the tribunals’ approaches are both undertheorized and internally inconsistent. I argue that the tribunals should draw upon the goals that underlie international criminal law in developing a coherent approach to considering good deeds for sentencing purposes.

The Sentencing Determinants of the International Criminal Tribunal for the Former Yugoslavia: An Empirical and Doctrinal Analysis

2003 ◽  
Vol 16 (4) ◽  
pp. 717-750 ◽  
Author(s):  
JAMES MEERNIK ◽  
KIMI KING
Keyword(s):  
International Relations ◽  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Critical Factors ◽  
Rules Of Procedure ◽  
Fair Degree

The pronouncements of punishment for war crimes, crimes against humanity, and genocide by the International Criminal Tribunal for the former Yugoslavia (ICTY) will be among its most important legacies for international law and international relations. The purpose of our research is to examine the judges' opinions on the determinants of punishment and, most especially, the data on sentences handed down by the trial chambers in order to understand which factors are the most powerful in explaining sentences. We find that there is a fair degree of consistency in the sentences conferred on the guilty. By systematically examining all the sentences both doctrinally and empirically we can see that sentences are premised on those critical factors that the judges are admonished to employ by the ICTY Statute and their own Rules of Procedure and Evidence.

Darfur and the ‘Odious Scourge’: The Commission of Inquiry's Findings on Genocide

2005 ◽  
Vol 18 (4) ◽  
pp. 871-885 ◽  
Author(s):  
WILLIAM A. SCHABAS
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Un Security Council ◽  
Genocidal Intent ◽  
Set Up

The report of the International Commission of Inquiry on Darfur, set up pursuant to a UN Security Council resolution, is an important contribution to the evolving law of genocide. The Commission concluded that genocide had not been committed, but that the case should be referred to the International Criminal Court for prosecution as crimes against humanity and war crimes. The Commission did not find significant evidence of genocidal intent. It looked essentially for a plan or policy of the Sudanese state and, in its absence, concluded that genocide was not being committed. The Commission endorsed the ‘stable and permanent groups’ approach taken by one trial chamber of the International Criminal Tribunal for Rwanda (ICTR). On this point, it exaggerated the acceptance of this interpretation, which has been ignored by other trial chambers of the international tribunals. However, the Commission found that the better approach to determination of the groups covered by the Convention is subjective, and that the targeted tribes in Darfur meet this criterion.

scholarly journals Relativising Atrocity Crimes: The Message of Unconditional Early Release of Perpetrators Convicted by the ICTY (1998 – 2018)

2021 ◽  
Vol 21 (1) ◽  
pp. 67-96
Author(s):  
Priyamvada Yarnell
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
Key Stakeholders ◽  
Moral Condemnation ◽  
Atrocity Crimes

Abstract Despite being found guilty of egregious acts, crimes against humanity and war crimes, 54 of the 90 perpetrators sentenced by the International Criminal Tribunal for the Former Yugoslavia (icty) were granted unconditional early release (uer). This article argues that uer did a disservice to two principal expressive purposes of punishment - moral condemnation of the crimes and the overall norm projected by the icty, the ‘universal repugnance of group-based killing’. Fundamentally, punishment of perpetrators signifies the inherent worth of victims. Interviews with key stakeholders in Bosnia and Herzegovina revealed that the interviewees largely concurred with authors who posit that punitive justice conveys valuable messages to audiences. This article complements expressivist theories by demonstrating the extent to which expressivism was negated as perpetrators were granted uer. Finally, it proposes how early release in future tribunals and courts might be tailored to counter the negation of international criminal justice’s expressive value.

scholarly journals Ante Gotovina case: an error of law which led to innocence?

2021 ◽  
Vol 19 (4) ◽  
pp. 65-85
Author(s):  
Wiktor Hebda
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Primary Role ◽  
Military Operation ◽  
Substantial Impact ◽  
Military Conflict ◽  
The Military

The breakup of the Socialist Federal Republic of Yugoslavia 30 years ago still has a substantial impact on the post-Yugoslav countries which proclaimed independence. Bearing in mind that the breakup also generated a military conflict, e.g. in Croatia, the restoration of Serbian-Croatian relations remains problematic. One of the challenges is passing a fair judgment on people responsible for war crimes or crimes against humanity. The International Criminal Tribunal for the former Yugoslavia (ICTY) was established for this reason in particular. Ante Gotovina – a Croatian general, was one of those indicted by the International Criminal Tribunal for the former Yugoslavia in connection with the military operation “Oluja” during which some heinous acts of crime took place. Gotovina played a clear and primary role in this operation, and therefore his actions were the main count of the indictment, firstly, for the prosecution and then for the Trial Chamber of ICTY. However, the sentence of 24 years imprisonment was never carried out following a successful appeal. The Appeals Chamber did not uphold the verdict of the Trial Chamber owing to a serious legal error and, consequently, it acquitted Gotovina of all the charges. This issue became yet another source of Serbian-Croatian conflict in connection with the most important people held responsible for the crimes committed in 1991-1995.

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: AN EXERCISE IN LAW, POLITICS AND DIPLOMACY BY RACHEL KERR (OXFORD: OXFORD UNIVERSITY PRESS, 2004) 239 PAGES. PRICE AUD$180.00 (HARDCOVER). ISBN 0 19 926305 1

2005 ◽  
Vol 10 (2) ◽  
pp. 804
Author(s):  
JAMES UPCHER
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Title Page ◽  
Early Years ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Oxford University ◽  
Significant Achievement

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>T</span><span>HE </span><span>I</span><span>NTERNATIONAL </span><span>C</span><span>RIMINAL </span><span>T</span><span>RIBUNAL FOR THE </span><span>F</span><span>ORMER </span><span>Y</span><span>UGOSLAVIA</span><span>: A</span><span>N </span><span>E</span><span>XERCISE IN </span><span>L</span><span>AW</span><span>, P</span><span>OLITICS AND </span><span>D</span><span>IPLOMACY </span><span>BY </span><span>R</span><span>ACHEL </span><span>K</span><span>ERR </span><span>(O</span><span>XFORD</span><span>: O</span><span>XFORD </span><span>U</span><span>NIVERSITY </span><span>P</span><span>RESS</span><span>, 2004) 239 P</span><span>AGES</span><span>. P</span><span>RICE </span><span>AUD$180.00 (</span><span>HARDCOVER</span><span>). ISBN 0 19 926305 1 </span></p><p><span><br /></span></p><div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>When the International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993, the fabric uniting the Balkans was ripping apart. How could an ad hoc Tribunal, thousands of kilometres from the conflict with no enforcement apparatus, ameliorate the anarchy and destruction sweeping the region? In its early years it languished almost unused, its courtrooms empty. In 2005, as the ICTY moves slowly towards the completion of its mandate, increased international pres- sure has led to a series of surrenders of indicted suspects.</span><span>1 </span><span>It is a significant achievement that Slobodan Milosevic, the alleged architect of so much of the car- nage in the Balkans, now sits in the dock of the ICTY, defending charges of geno- cide, crimes against humanity and war crimes. His favoured approach is to play the martyr. </span></p></div></div></div><p><span><br /></span></p></div></div></div>

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