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.

scholarly journals The ICTY and the Right to a Fair Trial: A Critique of the Critics

1997 ◽  
Vol 10 (2) ◽  
pp. 215-221 ◽  
Author(s):  
Olivia Q. Swaak-Goldman
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Fair Trial ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Rules Of Procedure ◽  
The Right ◽  
Death Knell

In recent publications a rising tide of criticism directed against the International Criminal Tribunal for the former Yugoslavia (ICTY) is discernible, principally concerning whether or not the ICTY grants the accused a fair trial. The perceived lack of ability, or willingness, to satisfy the highest standards of human rights concerning the right of accused to a fair trial is regarded as a death-knell both for the broad acceptance of the ICTY's jurisprudence as well as the prospects for a permanent international criminal court. While most of the criticism centres around the interpretation and application of provisions of the ICTY's Statute and Rules of Procedure and Evidence addressing the right to a fair trial, some of it concerns the vigorousness with which ICTY officials insist upon the surrender of indicted persons. With all due respect these commentators, by applying norms that are not wholly applicable, misconceive the threat to the accused's fair trial rights.

Translating and Interpreting at the ICTY

2020 ◽  
pp. 337-354
Author(s):  
Ellen Elias-Bursać
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Criminal Courts ◽  
Evidence Translation ◽  
To Come ◽  
The Impact

Procedures developed at the International Criminal Tribunal for the former Yugoslavia (ICTY) in response to issues concerning evidence translation and testimony interpretation have provided international criminal courts and tribunals with expertise and insight. These will shape the profession for decades to come. As to the impact on jurisprudence, the Conference and Language Service Section (CLSS), being part of Registry, played a key—often underestimated—role in ensuring the equality of arms between the parties. In a larger sense, the provisional nature of translated texts and interpreted testimony encourages challenges and disputes, and these discussions move the proceedings to a greater understanding; precisely because the obstacles presented by dealing with other languages and cultures force everyone in the courtroom to pay more attention to communication and meaning. It is this constant querying of what everyone thought they did or did not understand that takes these complex trials to completion and comprehension.

The Right of the Accused to Self-Representation Before International Criminal Tribunals: Further Developments

2005 ◽  
Vol 99 (3) ◽  
pp. 663-668
Author(s):  
Nina H. B. Jørgensen
Keyword(s):  
International Criminal ◽  
Rapid Development ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
International Criminal Tribunals ◽  
The Law ◽  
Developing Area ◽  
The Right

In its decision on assigned counsel's motion for withdrawal in the Milosevic case, the trial chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) observed “that assignment of counsel against the wishes of the accused is a developing area of the law both in national and international jurisdictions.” This area of law witnessed rapid development by international criminal tribunals in the latter half of 2004.

International Criminal Tribunal for the Former Yugoslavia (ICTY): Prosecutor V. Krnojelac

2004 ◽  
Vol 43 (2) ◽  
pp. 288-380 ◽  
Keyword(s):  
United States ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
The United States ◽  
Executive Branch ◽  
Former Yugoslavia ◽  
Indefinite Detention ◽  
The Right ◽  
And Control ◽  
The U.S

This case presents the question whether the Executive Branch may hold uncharged citizens of foreign nations in indefinite detention in territory under the "complete jurisdiction and control" of the United States while effectively denying them the right to challenge their detention in any tribunal anywhere, including the courts of the U.S. The issues we are required to confront are new, important, and difficult.

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.

The Right of the Accused to Self-Representation Before International Criminal Tribunals

2004 ◽  
Vol 98 (4) ◽  
pp. 711-726 ◽  
Author(s):  
Nina H. B. Jørgensen
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Conventional Wisdom ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Legal Assistance ◽  
International Criminal Tribunals ◽  
Open Court ◽  
The Face ◽  
The Right

Conventional wisdom holds that a lawyer who represents himself has a fool for a client. Perhaps surprisingly, several of the highest profile accused persons before the International Criminal Tribunal for the Former Yugoslavia (ICTY) have received some form of legal training. Less surprisingly, it is precisely those accused who are asserting a right to self-representation. Slobodan Miloševic, for example, has a degree in law and by the end of his trial will have earned himself several years of advocacy experience. Vojislav Šešelj, a professor of law at Belgrade University, was somewhat affronted by the judge's suggestion that he should request legal assistance and exclaimed in open court, “I have never met a better lawyer dian I am in my whole life.” Are these accused fools to want to represent themselves? What about an accused with no legal experience at all who asserts this right in the face of charges of genocide and crimes against humanity? As one accused remarked when clarifying to the court that he did not wish to represent himself, “No. It would be insane if I did that ….”

Requests for Review in the Practice of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda

2004 ◽  
Vol 17 (1) ◽  
pp. 103-119
Author(s):  
ANDREA CARCANO
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Comprehensive Overview ◽  
Applicable Law ◽  
International Criminal Tribunals ◽  
Rules Of Procedure ◽  
The Right

This article is concerned with the remedy of ‘review’ provided for in the Statutes of the International Criminal Tribunal for the former Yugoslavia and for Rwanda, in Articles 26 and 25 respectively, which allows a convicted individual or the prosecution to seek the reopening of a case on the basis of a new fact. The main purpose of this article is to provide a comprehensive overview of how this remedy has been applied by the chambers of the ICTY and the ICTR. It focuses first on the relevant provisions set out in the Statutes and in the Rules of Procedure and Evidence of the two tribunals, and then reviews a range of international and national provisions. The latter examination clarifies the concept of review adopted, and reveals the interplay between international and national provisions. It also shows that the remedy of review can be seen as one application of the general principle of law that a convicted individual must have the right to seek the reopening of his or her case on the basis of a new fact, which may show his or her innocence, even after a considerable lapse of time. This article then examines the decisions rendered so far by the ICTY and the ICTR. It considers the factual context of each case and discusses how the applicable law has been interpreted and refined by the judges of the ICTY and ICTR appeals chambers. In conclusion, some suggestions are advanced as to how the pertinent Rules of Procedure and Evidence could be made clearer and perhaps fairer, in the light of the experience gained from the practice of the two tribunals and the provisions of the Statute of the International Criminal Court.

scholarly journals Legacies of the International Criminal Tribunal for the Former Yugoslavia

2020 ◽  
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Lessons Learned ◽  
Former Yugoslavia ◽  
Access To Justice ◽  
Legal Systems ◽  
Working Practices ◽  
The Impact

The International Criminal Tribunal for the former Yugoslavia (ICTY) has left a rich legal, institutional, and non-judicial legacy. Many of the classical juridical footprints of the work of the ICTY are covered in legal treatises or reflective volumes. This book sheds a broader light on some of the working practices, challenges, and critiques of the ICTY. It starts from the assumption that the notion of legacy deserves consideration from multiple disciplinary standpoints, and that there is not one, but at best multiple legacies. It explores (i) historic legacy, that is, the contribution of the ICTY to the framing of facts and events, including the value of the records in combating denial of crimes; (ii) investigative and experiential legacy, including approaches towards identifying evidence, experiences related to the delivery of testimony, and access to justice; (iii) procedural legacies, including lessons learned from the management of proceedings, the treatment of parties, and outreach; (iv) retribution and punishment; (v) normative legacies, that is, the impact of the work of the Tribunal on domestic legal systems; and (vi) ongoing debates over impact and societal reception. The book draws on insights from multiple disciplines and combines voices from inside the Tribunal with external perspectives.

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