The Powers of the United Nations International Criminal Tribunals

1998 ◽  
Vol 2 (1) ◽  
pp. 141-167 ◽  
Author(s):  
Danesh Sarooshi
2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.


2020 ◽  
Vol 19 (1) ◽  
pp. 137-155
Author(s):  
Deming HUANG ◽  
Qintong SHAN

Abstract On 5 October 2016, the President of the UN Residual Mechanism for International Criminal Tribunals officially notified the United Nations Security Council of the failure of the Republic of Turkey to comply with a judicial order issued by the Mechanism which requested the authorities of Turkey to cease all legal proceedings against the MICT Judge Aydin Akay due to his immunity. This paper aims to examine issues pertinent to the immunity of an international judge arising from this situation. It also seeks to explore the conflicts behind the arrest of Judge Akay and draw some conclusions.


2007 ◽  
Vol 7 (4) ◽  
pp. 657-676 ◽  
Author(s):  
Noëlle Quénivet

AbstractAs a growing number of stories unravelled the involvement of United Nations peacekeepers in human trafficking and sexual exploitation cases, the United Nations adopted in 2003 and implemented a zero-tolerance policy towards sexual encounters between peacekeepers and local women. This article argues that this policy is flawed for a number of reasons. First, it does not apply to all United Nations-related personnel and thereby fails to target those who are mostly engaged in such activities. Second, it only provides for disciplinary measures, a flaw only partially remedied by the draft convention on the criminal accountability of United Nations officials and experts on mission. Third, it does not take into account the jurisprudence of international criminal tribunals on sexual offences, for it negates the possibility of consent.


Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James

International organizations like the United Nations (UN) require certain privileges and immunities from national jurisdictions for the effective performance of their tasks. These privileges and immunities are granted to preserve the independence of the UN from its member states and to secure the international character of the organization. This chapter discusses the sources of privileges and immunities; reasons for the conferral of privileges and immunities; privileges and immunities of the organization, representatives of member states, officials of the organization, and experts on mission; abuse, waiver, and settlement of disputes regarding privileges and immunities; privileges and immunities during peacekeeping operations; and immunities of international organizations and the jurisdiction of international criminal tribunals.


PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1662-1664 ◽  
Author(s):  
Jean Franco

According to the report of the United Nations commission on Human Rights, rape is the least condemned war crime (coomaraswamy, Further Promotion 64n263). Although wartime rape was listed as a crime against humanity by the Nuremberg Military Tribunals and by the Geneva Conventions, it was not until 2001 that the International Criminal Tribunal for the former Yugoslavia identified rapists as war criminals. In that year the tribunal sentenced three men for violations of the laws or customs of war (torture, rape) and crimes against humanity (torture, rape) committed during the war in Bosnia during the 1993 takeover of Foca, where women were systematically raped and killed, the purpose being “to destroy an ethnic group by killing it, to prevent its reproduction or to disorganize it, removing it from its home soil.”


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