Constitutional and Institutional Developments: The International Criminal Tribunal for the Former Yugoslavia: Recent Developments in Witness Protection

1997 ◽  
Vol 10 (1) ◽  
pp. 179-198 ◽  
Author(s):  
Y.M.O. Featherstone
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Former Yugoslavia ◽  
Protective Measures ◽  
Basic Principles ◽  
Recent Developments ◽  
Rules Of Procedure

The International Criminal Tribunal for the former Yugoslavia (ICTY) is specifically charged in its Statute with the protection of victims and witnesses. This mandatory consideration is also reflected in its Rules of Procedure and Evidence (‘the Rules’). As a newly created international judicial organization, the 18 months since the very first decision granting protective measures for victims and witnesses was issued have been highly influential in identifying and laying down the basic principles upon which such protection may be granted within the context of the unique legal framework of the ICTY. The completion of the first trial has enabled the ICTY to put those principles into practice and evaluate them over a six-month period. This article will focus mainly on the experiences gained from the Tadić trial, with reference to other cases for completeness.

scholarly journals Review of Some Procedural Witness Protective Measures at the International Criminal Tribunal for the Former Yugoslavia

2017 ◽  
Vol 13 (34) ◽  
pp. 251
Author(s):  
Romina Beqiri
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Fair Trial ◽  
Former Yugoslavia ◽  
Protective Measures ◽  
Balkan Region ◽  
The Right ◽  
The Impact

Given the spread terror and the abuses perpetrated in the Balkan region, many victims and witnesses of atrocities were deterred from testifying. The International Criminal Tribunal for the former Yugoslavia (ICTY or Tribunal) facilitated the appearance of witnesses and protected them in case of intimidation including by taking measures against those who would violate the confidentiality of the proceedings. This article aims to introduce some of the witness protective measures before the Tribunal, and particularly threats and risks they have faced in the context of the cases dealt with by the Tribunal. It reflects also upon groundbreaking measures of protection decided by the Tribunal and the challenges it has faced over the last two decades. It finally discusses the impact of such challenges on the right to a fair trial and how they were addressed.

Compulsion of Information from States and Due Process in Cases before the International Criminal Tribunal for the Former Yugoslavia

2007 ◽  
Vol 20 (1) ◽  
pp. 115-163
Author(s):  
GRANT DAWSON ◽  
JOAKIM DUNGEL
Keyword(s):  
National Security ◽  
Security Council ◽  
Due Process ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Competing Demands ◽  
Rules Of Procedure ◽  
Legitimate Interests

The procurement of information in the sole possession of states is pivotal to the fair and expeditious conduct of trials before the ICTY. At the same time, states possessing sought-after information may have certain legitimate interests they wish to protect in relation to such material, for example national security interests. Taking into account the uniqueness of the ICTY as an institution created by the Security Council under Chapter VII of the UN Charter, this article analyses situations where tensions have arisen, or may potentially arise, between state interests and the presentation of evidence crucial to the guilt or innocence of the accused. After setting out the continuously developing law of the ICTY that has striven to reconcile these competing demands, the authors propose alterations to the Rules of Procedure and Evidence, in the form of amendments to Rule 54 bis and a new rule, Rule 54 ter.

Constitutional and Institutional Developments

2000 ◽  
Vol 13 (4) ◽  
pp. 911-911 ◽  
Author(s):  
Åsa Rydberg
Keyword(s):  
Plenary Session ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Evidence Rules ◽  
Rules Of Procedure

During the Twenty-second Plenary Session the Judges of the International Criminal Tribunal for the former Yugoslavia (ICTY) decided to amend eight Rules of the Rules of Procedure and Evidence (Rules).

I.Referring an indictment from the ICTY and ICTR to another court—Rule 11bis and the consequences for the law of extradition

2006 ◽  
Vol 55 (1) ◽  
pp. 219-226 ◽  
Author(s):  
Michael Bohlander
Keyword(s):  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
National Courts ◽  
Post Conflict ◽  
Un Security Council ◽  
Rules Of Procedure ◽  
History Of ◽  
Court Rule

In the wake of their so-called ‘completion strategies’,1 both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and for Rwanda (ICTR), creations of the UN Security Council under Chapter VII of the UN Charter, have for some time grappled with the question of how to unclog their congested dockets and dispose of those accused which are generally viewed as ‘small fry’. The fact that many of the accused have had to spend very long, some say excessively long, times in the custody of the Tribunals prior to and during trials, led the Tribunals to devise a mechanism for the transfer of cases to national jurisdictions, preferably those of the national States of the defendants, which were mostly identical to the post-conflict countries. The mechanism was an amendment of Rule 11bis of their Rules of Procedure and Evidence (RPE) which allowed the Tribunals to refer cases to the national courts under certain circumstances. It is helpful to trace the history of the Rule. For the sake of simplicity, only the ICTY2 will be looked at here, as there are no real differences in substance with regard to the ICTR as far as the latest version of the Rule3 is concerned.

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.

Constitutional and Institutional Developments

1999 ◽  
Vol 12 (1) ◽  
pp. 247-249
Author(s):  
Åsa Rydberg
Keyword(s):  
Plenary Session ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Rules Of Procedure

By decision of the Judges at the Nineteenth plenary session of the International Criminal Tribunal for the former Yugoslavia (ICTY) one new rule was adopted and 16 rules of the Rules of Procedure and Evidence were amended. The new rule concerns affidavit evidence. The rule regarding amendments of the rules was changed so that an amendment shall enter into force seven days after the day of issue of an official Tribunal document containing the amendment, instead of immediately after the issuance. The rules on contempt of the Tribunal and false testimony under solemn declaration were made stricter as they were both amended to allow for a Chamber to impose substantially longer terms of imprisonment on persons who have been found guilty of such offences.

New Developments in the International Criminal Tribunal for the Former Yugoslavia: Prominent Leaders Indicted and Jurisdiction Established

1995 ◽  
Vol 8 (2) ◽  
pp. 449-461 ◽  
Author(s):  
Rodney Dixon
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Military Leaders ◽  
New Developments ◽  
International Jurisdiction ◽  
High Ranking ◽  
Recent Developments

The first indictments against high-ranking political and military leaders were issued by the Office of the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia (ICTY) on 25 July 1995. Those indicted include Radovan Karadžić, the President of the Bosnian Serb Administration of Pale;Ratko Mladić, the commander of the army of the Bosnian Serb Administration;and Milan Martic, the President of the former Croatian Serb Administration of Knin. On the same day, the defence motion challenging the jurisdiction of the ICTY to try the accused currently before it, Dusko Tadicwas argued before the Trial Chamber. On 10 August 1995, this motion was dismissed.These recent developments, amongst others, are the culmination of the Prosecution's work in confronting the immense challenges of this unique international jurisdiction. Although the task is far from complete, the achievements to date provide a stable foundation upon which to progress with confidence. This article will comment on the significance of these new developments.

The International Criminal Law Aspects of the Protection of Global Commons: The Case of Cultural Heritage

2021 ◽  
pp. 211-238
Author(s):  
Francesca Capone
Keyword(s):  
Cultural Heritage ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Legal Framework ◽  
Cultural Property ◽  
International Criminal Law ◽  
Global Commons ◽  
Recent Developments

This chapter addresses the international criminal aspects of the protection of global commons, with particular regard to cultural heritage. As the general principle of respect for cultural heritage transcends the classic scheme of state responsibility for wrongful acts, international criminal law is recognized as one means of protecting cultural heritage for transmission to future generations. In order to reflect on the capacity of international criminal law to effectively enhance the protection of cultural heritage, first, this chapter aims at providing a critical overview of the existing international legal framework as enshrined in the relevant instruments criminalizing any form of intentional destruction of cultural property. Second, the analysis will focus on the role of the International Criminal Tribunal for the former Yugoslavia (ICTY) and its groundbreaking case law. Third, this chapter will discuss the most recent developments of international criminal practice as it applies to the destruction of cultural heritage, examining in particular the Al Mahdi case.

Cooperation with international tribunals—binding orders directed at states and international organizations—intelligence information—national security interests—disclosure to defendants—fair trails

2007 ◽  
Vol 101 (1) ◽  
pp. 163-171
Author(s):  
Daniel Bodansky ◽  
Jacob Katz Cogan
Keyword(s):  
United States ◽  
International Organizations ◽  
North Atlantic ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The United States ◽  
Former Yugoslavia ◽  
The North ◽  
Rules Of Procedure ◽  
The North Atlantic

Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108bis.2, Decision on Request of the United States of America for Review.Prosecutor v. Milutinović et al., Case No. IT-05-87-AR108bis.l, Decision on Request of the North Atlantic Treaty Organisation for Review.International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber, May 12 and May 15, 2006, respectively.In May 2006, the appeals chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) granted the requests of the United States (U.S. Review Decision) and the North Atlantic Treaty Organization (NATO) (NATO Review Decision) and set aside the trial chamber's decision ordering the production of intercepted communications sought by defendant Dragolj ub Ojdanić. The appeals chamber held that Rule 54bis of the ICTY Rules of Procedure and Evidence does not require the possessor of intelligence information to produce that information when that state or international organization is not its owner or originator and that an order under Rule 54bis (“Orders Directed to States for the Production of Documents”) will not issue when a party refuses a state's cooperative efforts to provide information pursuant to Rule 70 (“Matters Not Subject to Disclosure”).

Prosecutor V. Karadžić (ICTY)

2013 ◽  
Vol 52 (5) ◽  
pp. 1117-1156 ◽  
Author(s):  
Yvonne Mcdermott
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Insufficient Evidence ◽  
Rules Of Procedure

On July 11, 2013, in the case against Radovan Karadžić, the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) held that the evidence presented against the accused, if taken at its highest, could lead a reasonable trier of fact to find that genocide against Bosnian Muslim and/or Bosnian Croat groups had occurred in Bosnia and Herzegovina in 1992. This decision overturned an earlier ruling by Trial Chamber III on the accused’s motion for acquittal pursuant to Rule 98bis of the Rules of Procedure and Evidence, which found that there was insufficient evidence to support a conviction for genocide in the seven municipalities of Bosnia and Herzegovina.2

Sign in / Sign up

Export Citation Format

Share Document