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.

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.

INTRODUCTORY NOTE

2020 ◽  
pp. 477-482
Author(s):  
Rafael Nieto-Navia
Keyword(s):  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Tribunal ◽  
Introductory Note ◽  
Un Security Council

The International Residual Mechanism for Criminal Tribunals was established by the UN Security Council through Resolution 1966 on 22 December 2010. However, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda continued their operations until they completed their mandate. They formally closed on 31 December 2017 and 31 December of 2015, respectively. This Introductory Note refers exclusively to the work formerly carried out by the ICTY.

Symbolic Expression at the International Criminal Tribunal for the Former Yugoslavia

2020 ◽  
pp. 149-173
Author(s):  
Marina Aksenova
Keyword(s):  
Michel Foucault ◽  
Security Council ◽  
Human Dignity ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Theoretical Frameworks ◽  
Un Security Council ◽  
Local Actors ◽  
Theory Of Discourse

The chapter argues that, at the creation of International Criminal Tribunal for the former Yugoslavia (ICTY), conditions were ripe for establishing this kind of forum. The ICTY was instituted with one overarching aim: condemnation of evil deemed universal. The language of the UN Security Council resolutions demonstrates an intensifying concern over offences committed in the Balkan war. The overarching purpose of the tribunal was symbolic—to uphold the value of human dignity through the ritual of criminal prosecutions in the light of the inability of local actors to prevent further escalation of atrocities. The chapter relies on two theoretical frameworks to support its claim: the theory of discourse analysis developed by Michel Foucault, projecting the ICTY’s power outwards focusing on the content of its input, and an anthropological exploration of the symbolic nature of rituals by Maurice Bloch, identifying the structure within which this content is generated.

scholarly journals Building Victim-Led Coalitions to Press for Justice Following Mass Atrocity

2018 ◽  
Vol 112 ◽  
pp. 23-26
Author(s):  
Diane Orentlicher
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Postwar Period ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Victim Participation

Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. (The same holds true for the International Criminal Tribunal for Rwanda, established by the UN Security Council in 1994; in the interests of brevity, my remarks will focus on the ICTY.)

The ICTY is Dead! Long Live the ICTY!

2020 ◽  
pp. 71-82
Author(s):  
Carsten Stahn
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Institutional Culture ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
International Criminal Tribunals ◽  
History Of ◽  
The Many

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacies into a broader context of international criminal justice. It presents different approaches towards the many legacies of the ICTY. The chapter engages with the several phases that the Tribunal has passed, discussing their positive and negative points. It then examines the normative legacy of the ICTY, arguing that, although some gaps exist, the overall record of the ICTY is marked with several normative innovations. The chapter then visits the procedural legacy of the ICTY, in the sense of how the Tribunal made justice heard and seen. Lastly, the chapter discusses the institutional culture of the ICTY and its legacy to other international criminal tribunals. With this analysis, the chapter claims that the ICTY legacies are living beings, which will continue to be transformed throughout the history of international criminal justice.

Appeal may reject UN tribunal's Yugoslav acquittal

2016 ◽  
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Political Instability ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
Prison Sentence ◽  
Content Type ◽  
Post Conflict ◽  
The Hague

Significance The verdict runs counter to 20 years of jurisprudence and history at the International Criminal Tribunal for the former Yugoslavia (ICTY). It undermines the idea of using international criminal justice to assist in post-conflict reconstruction and reconciliation. It has caused disbelief, disappointment and anger in Croatia and Bosnia, especially among victims, and generated political instability in Serbia. Impacts The controversial judgment will further discredit the ICTY and the very idea of international criminal justice in the eyes of critics. It followed Karadzic's 40-year prison sentence, which has dismayed victims and observers expecting a harsher sentence. Despite working towards closure in 2017, the ICTY is very likely to grant an appeal. However, Seselj himself is unlikely to reappear in The Hague voluntarily.

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.

International Criminal Tribunals and Cooperation with States

2018 ◽  
Author(s):  
Geoffrey Nice ◽  
Nevenka Tromp
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Armed Forces ◽  
Former Yugoslavia ◽  
Recent Experience ◽  
Political Elites ◽  
International Criminal Tribunals ◽  
Post Conflict ◽  
Commander In Chief ◽  
Conflict Narratives

This chapter examines the cooperation between Serbia and the International Criminal tribunal for Former Yugoslavia (ICTY) though reconstruction of how the OTP obtained records of the Supreme Defence Council (SDC), a collective Commander-in-Chief of the Yugoslav Army (VJ: Vojska Jugoslavije) from 1992 to 2003. Recent experience in the former Yugoslavia, in particular with Serbia, shows that the leading political elites will rarely be open and will do everything possible to control and limit post-conflict narratives. This proposition will be illustrated by analysing the way the de facto and de jure powers of Slobodan Milošević as president of Serbia (1990-1998) and of the FRY (1998-2000) would have been revealed through the SDC collection of documents generated by the highest state bodies in charge of commanding the armed forces during the Croatian, BiH, and Kosovo indictment periods that were incompletely and grudgingly produced by Serbia to the ICTY for its use.

Making Complementarity a Reality

2020 ◽  
pp. 31-47
Author(s):  
Serge Brammertz
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Essential Element ◽  
War Crimes ◽  
Former Yugoslavia ◽  
New Techniques ◽  
New Model ◽  
International Crimes ◽  
National Courts ◽  
Domestic Courts

This chapter presents a prosecutorial perspective on the International Criminal Tribunal for the former Yugoslavia’s (ICTY) legacies. It traces the evolution of the Office of the Prosecutor from a service that is grounded in primacy of jurisdiction into a more complementarity-oriented actor, in which interaction with domestic systems is an essential element to achieving justice for serious international crimes. The author argues that the support provided to national justice sectors in the countries of the former Yugoslavia is one of the most important legacies of the ICTY. The Office of the Prosecutor (OTP) started to engage with new techniques—including establishing the Transition Team—when the ICTY Completion Strategy was put into force. The OTP referred cases to national judiciaries, which improved in their capacities to process war crimes cases. The chapter concludes that the OTP’s cooperation with national courts establishes a new model of collaboration between international and domestic courts.

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.

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