Review of the Sexual Violence Elements of the Judgements of the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone in the Light of Security Council Resolution 1820

2010 ◽  
Keyword(s):  
Sexual Violence ◽  
Sierra Leone ◽  
Security Council ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Security Council Resolution ◽  
Former Yugoslavia

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.

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2008 ◽  
Vol 11 ◽  
pp. 255-372 ◽  
Author(s):  
Amna Guellali ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

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.

The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals

2018 ◽  
Author(s):  
Tilman Rodenhäuser
Keyword(s):  
World War Ii ◽  
International Law ◽  
Sierra Leone ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
World War ◽  
Post World War Ii

Chapter 8 analyses post-World War II jurisprudence, national jurisprudence, the International Law Commission’s work, and International Criminal Tribunal for Rwanda (ICTR), International Criminal Court for the former Yugoslavia (ICTY), and the Special Court for Sierra Leone (SCSL) jurisprudence regarding what types of non-state entities might be involved in crimes against humanity. It argues that while the Nuremberg Charter and post-World War II jurisprudence, including national jurisprudence, were focused on state crimes, state involvement has rarely been considered a legal element of crimes against humanity. This is also evident in the International Law Commission’s work. This chapter analyses how the three abovementioned international(ized) tribunals addressed the question of non-state entity involvement in crimes against humanity and argues that the ICTY and the SCSL did not limit entities behind crimes against humanity to abstract ‘state-like entities’, but primarily considered whether the group in question had the capacity to commit the crimes.

Conflict-Related Sexual Violence in Kosovo and Lessons to be Learned from the International Criminal Tribunal for the former Yugoslavia

2021 ◽  
pp. 1-26
Author(s):  
Remzije Istrefi ◽  
Arben Hajrullahu
Keyword(s):  
Sexual Violence ◽  
Justice System ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Gender Based Violence ◽  
Roles And Responsibilities ◽  
System A ◽  
Gender Based

Abstract This article examines challenges in seeking justice for Conflict-Related Sexual Violence (crsv) survivors in Kosovo. It analyses the roles and responsibilities of international missions and how deficiencies impact the prosecution and adjudication of crsv by Kosovo’s justice system. A key question is why two decades after the 1998–1999 war in Kosovo survivors of crsv cannot find justice? The end of the international mandates, the large number of war crime cases transferred, unfinished files, and the necessity for specific expertise in handling the gender-based violence are some of the existing challenges which undermine the prosecution and adjudication of crsv in Kosovo. The International Criminal Tribunal for the former Yugoslavia (icty) established accountability for sexual violence in armed conflicts. This article seeks to scaffold the icty experience by developing an accurate and comprehensive understanding of the nature of crsv and by examining its impact on survivors and victims’ alike. This paper then explores how a contexualist interpretation of international and domestic criminal law provisions can prioritise the prosecution of crsv amid other pressing needs in Kosovo.

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.

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.

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.

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