The International Criminal Court's Provisional Authority to Coerce

2012 ◽  
Vol 26 (1) ◽  
pp. 93-101 ◽  
Author(s):  
Antonio Franceschet
Keyword(s):  
United Nations ◽  
Civil Wars ◽  
Security Council ◽  
Ad Hoc ◽  
International Criminal ◽  
World Order ◽  
Former Yugoslavia ◽  
The World ◽  
The Will ◽  
The Right

The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.

scholarly journals The Main Characteristics of the International Criminal Tribunal for the Former Yugoslavia During its Mandate from 1993 to 2017

SEEU Review ◽  
2019 ◽  
Vol 14 (1) ◽  
pp. 91-116
Author(s):  
Viona Rashica
Keyword(s):  
United Nations ◽  
Security Council ◽  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The Other ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
International Criminal Tribunals

Abstract The tradition of international criminal tribunals which started with the Nuremberg and Tokyo tribunals was returned with the International Criminal Tribunal for the former Yugoslavia. As a result of the bloody wars in the territory of the former Yugoslavia in the 1990s, the Security Council of the United Nations decided to establish the ICTY as an ad hoc tribunal, that was approved by the resolutions 808 and 827. The main purpose of the paper is to highlight the features of the ICTY during its mandate from 1993 to 2017. For the realization of this research are used qualitative methods, based on the bibliography that is related with international criminal law, with special emphasis with the activities of international criminal tribunals. Furthermore, some data are also collected from the credible internet sources, which have valuable information about the procedures of the ICTY and for the International Residual Mechanism for Criminal Tribunals. The results of the study demonstrate that during its mandate, the ICTY was accompanied with a lot of successes which distinguish it from the other international criminal tribunals. At the same time, the ICTY has also a lot of failures, which have come as a result of various political influences within it. The conclusions of this paper aim to increase knowledge about the activity of the ICTY, by offering important information for its establishment and organs, and for its main successes and failures.

3 Institutional Structure and the Position of Members, 3.2 Prosecutor v Duško Tadić , Decision on the defence motion for interlocutory appeal on jurisdiction, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995

2016 ◽  
Author(s):  
Dekker Ige F ◽  
Wessel Ramses A
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Organizations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Structure ◽  
United Nations Security Council ◽  
International Organization ◽  
Former Yugoslavia ◽  
Specific Question

The principle of the attribution, or conferral, of powers is undisputed and lies at the heart of debates on the competences of international organizations. A more specific question concerns whether and to which extent organs of an international organization may establish other organs. The importance of the case analysed in the present Chapter, is that it reveals that the competence of an organ to decide on it own competence may be far-reaching. The question arose whether the United Nations Security Council had not exceeded its powers by establishing the International Criminal Tribunal for the Former Yugoslavia in the year 1993.

United Nations Peacekeeping Intelligence

2010 ◽  
pp. 274-295 ◽  
Author(s):  
A. Walter Dorn
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
World Order ◽  
Human Intelligence ◽  
Conflict Zones ◽  
Intelligence Gathering ◽  
Peacekeeping Operations ◽  
The World ◽  
The United Nations ◽  
Monitoring Technologies

This article discusses the United Nations and its peacekeeping intelligence. The United Nations has become a player in the global intelligence game. Given the inability of the UN to live up to its peace and security ideals, the disinclination of nations to share intelligence with it, the ad hoc nature of its responses to global crises, and its reluctance to consider itself as an intelligence-gathering organization, the UN's increasing involvement in the global intelligence came as a surprise. However, the UN has privileged access to many of the world's conflict zones, through its peacekeeping operations (PKOs). Its uniformed and civilian personnel serve as the eyes and the ears of the world in many hotspots. They report the latest developments at the frontiers of the world order and in the midst of civil war. In previous years, the UN relied heavily on overt surveillance through overt human intelligence. It employed direct monitoring and direct observation. Although human intelligence has helped resolved conflicts, overt human intelligence is not sufficient. With the new mandate and the difficult and dangerous environment of many PKOs during the Cold War, the United Nations was forced to change and reform its approach to intelligence. The UN is now including imagery intelligence (IMINT) and signals intelligence (SIGINT) in their approach to intelligence and is currently developing intelligence structures within its missions. Topics discussed in this article include: case studies of peacekeeping operations of the UN in countries with conflict such as Korea, Namibia, and Congo; monitoring technologies of the institution; and intelligence cycle of UN.

Constitutional and Institutional Developments

2000 ◽  
Vol 13 (2) ◽  
pp. 369-371 ◽  
Author(s):  
Åsa Rydberg
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Legal Requirements ◽  
Permanent Member ◽  
The United Nations ◽  
The Government

Two additional agreements have been concluded on the enforcement of sentences of the International Criminal Tribunal for the former Yugoslavia (ICTY). On 25 February 2000, an agreement was concluded between the Government of the French Republic and the United Nations on the enforcement of sentences of the ICTY. Thus, France thereby became the first permanent member of the Security Council to conclude such an agreement. A month later, on 28 March 2000, another agreement was concluded between the Kingdom of Spain and the United Nations. Both these agreements will enter into force upon notification to the United Nations by the respective states that the necessary national legal requirements have been met. Previously, agreements have been concluded with the following states: Italy, Finland, Norway, Sweden and Austria.

scholarly journals The Establishment, Scope, and the Completion of the Mission of International Criminal Tribunal for the Former Yugoslavia

2015 ◽  
Vol 5 (2) ◽  
pp. 183
Author(s):  
MSc. Vilard Bytyqi
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal ◽  
Practical Importance ◽  
International Criminal Tribunal ◽  
United Nations Security Council ◽  
Former Yugoslavia ◽  
Local Justice ◽  
International Court ◽  
The Hague

This paper will treat the establishment, scope, and the completion of the mission of International Criminal Tribunal for formerYugoslavia. It is well known that this Tribunal, respectively The Hague Tribunal, is established with a resolution of United Nations Security Council, for the purpose of establishing peace in the troubled region ofYugoslavia. Since its establishment, the Tribunal has held many judicial processes, by bringing in front of the justice even the heads of states and people with significant state positions.Currently, the tribunal is in the completion phase of its mandate set by the United Nations resolution. For this reason, the tribunal does not accept new cases in order not to extend its completion phase of the mandate.The paper as such, has a practical importance because it will examine the success and challenges that this international court level has faced. Moreover, it will point out also the Completion strategy of this tribunal, where it is presumed that the cases will be transferred to the local justice in order not to overload the court with other cases.

Case Analysis: Dražen Erdemović: The International Criminal Tribunal for the Former Yugoslavia in Action

1997 ◽  
Vol 10 (2) ◽  
pp. 363-381 ◽  
Author(s):  
L.C. Green
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Analysis ◽  
Former Yugoslavia ◽  
First Person ◽  
The United Nations

The first person to be sentenced by the United Nations ad hoc International Criminal Tribunal for the former Yugoslavia (Tribunal) was Dražen Erdemović, a member of the Bosnian Serb Army who had pleaded guilty to one count of a crime against humanity – murder – and another of violations of the laws and customs of war – murder. Erdemović was a soldier in the 10th Sabotage Detachment of the Bosnian Serb army and the charges against him arose in connection with the slaughter of Bosnian Muslim civilians in the United Nations ‘safe areas’ of Srebrenica and Potocari.

scholarly journals The International Criminal Court and Non-Party States

2010 ◽  
Vol 28 (1) ◽  
pp. 1 ◽  
Author(s):  
William A. Schabas
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
The World ◽  
The United Nations

Although more than half of the States in the world are parties tothe Rome Statute of the International Criminal Court, morethan eighty have yet to ratify. The article considers the relationshipof the Court with these non-party States. It examines theexercise of jurisdiction over their nationals, arguing that internationallaw immunities continue in force despite the terms ofthe Statute. Declarations of jurisdiction by non-party States arealso studied, including the declaration formulated by the PalestinianAuthority with respect to Gaza in January 2009. NonpartyStates may be asked to cooperate with the Court and, whereso ordered by the United Nations Security Council, they may berequired to do this.Quoique plus de la moitié des États du monde soient Partiesau Statut de Rome de la Cour pénale internationale, plus dequatre-vingt d’entre eux ne l’ont pas encore ratifié. Cet articleconsidère le rapport de la Cour avec ces États qui n’y sont pasParties. Il examine l’exercice de sa compétence à l’égard de leursressortissants, soutenant que les immunités du droit internationaldemeurent en vigueur malgré la teneur du Statut. L’article étudieaussi les déclarations de compétence d’États qui ne sont pas Partiesau Statut, y compris la déclaration formulée par l’Autorité palestinienneen rapport à Gaza en janvier 2009. On peut demanderaux États qui ne sont pas Parties au Statut de coopérer avec laCour, et, lorsque cela est ordonné par le Conseil de Sécurité desNations Unies, il peut être exigé qu’ils le fassent.

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