Political and Legal Aspects of Establishment of International Court on Former Yugoslavia

Legal Aspects ◽

Armed Conflicts ◽

Former Yugoslavia ◽

International Court ◽

In The Beginning ◽

The Cold War

In the beginning of the 1990-s there was growing interest on the part of the international community to establish international criminal tribunals meant to judge suspects charged with crimes perpetrated during armed conflicts. The International Criminal Tribunal for the Former Yugoslavia (ICTY) became the first tribunal in a number of international and quasi-international institutions that emerged after the end of the Cold War. It seems indispensable to examine the steps taken by the UN member states prior to the establishment of the ICTY in order to see the reasons why the decision to create such an institution had been taken.

13. International criminal justice

The Politics of International Law ◽

10.1093/hepl/9780198791201.003.0013 ◽

2021 ◽

pp. 287-315

Author(s):

Nicole Scicluna

Keyword(s):

Cold War ◽

Criminal Justice ◽

International Law ◽

International Politics ◽

International Criminal ◽

Individual Responsibility ◽

International Criminal Justice ◽

The Cold War

This chapter assesses whether international politics can be conducted in the courtroom. It begins with an analysis of the post-Second World War Nuremberg tribunal. While flawed in many ways, these proceedings marked a significant change in thinking about international crimes and individual responsibility. Though the onset of the Cold War prevented the translation of the Nuremberg legacy into more permanent, treaty-based international institutions, the ideas Nuremberg incubated were to have a lasting impact on international law. As in so many other areas of international law and international politics, the end of the Cold War was a watershed. The 1990s saw the revival of ad hoc international criminal tribunals, most notably the International Criminal Tribunal for Yugoslavia and the International Criminal Tribunal for Rwanda. The chapter then examines the International Criminal Court, which is, in many ways, the culmination of efforts to institutionalize international criminal justice.

The Necessity of Setting up the Ad Hoc International Criminal Tribunals. The International Criminal Tribunal for the Former Yugoslavia 1993 today

Logos Universality Mentality Education Novelty Law ◽

10.18662/lumenlaw.2015.0401.06 ◽

2015 ◽

Vol IV (1) ◽

pp. 57-63

Author(s):

Denisa BARBU ◽

Keyword(s):

Ad Hoc ◽

International Criminal ◽

Former Yugoslavia ◽

International Criminal Tribunals

Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide

Temida ◽

10.2298/tem0704033t ◽

2007 ◽

Vol 10 (4) ◽

pp. 33-42

Author(s):

Mirjana Tejic

Keyword(s):

International Law ◽

International Criminal ◽

Former Yugoslavia ◽

State Responsibility ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Reconciliation Process

On February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed in Srebrenica 1995, Serbia is not obliged to pay financial reparations. Judgment makes distinction between individual and three-fold state responsibility for genocide, based on Convention on the Prevention and Punishment of the Crime of Genocide and other sources of international law. There are evident disagreements among judges on jurisdiction, interpretation rules, even on meritum of the case. Many questions still remain open especially what precedent effects will have on establishment of state's dolus specialis and how it will influence the reconciliation process in the region.

Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

Studia nad Autorytaryzmem i Totalitaryzmem ◽

10.19195/2300-7249.43.3.15 ◽

2021 ◽

Vol 43 (3) ◽

pp. 209-226

Author(s):

Małgorzata Szwejkowska

Keyword(s):

Ad Hoc ◽

International Criminal ◽

War Crimes ◽

Armed Conflicts ◽

Former Yugoslavia ◽

Crimes Against Humanity ◽

Early Release ◽

International Crimes ◽

Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

The ICTY is Dead! Long Live the ICTY!

Legacies of the International Criminal Tribunal for the Former Yugoslavia ◽

10.1093/oso/9780198862956.003.0006 ◽

2020 ◽

pp. 71-82

Author(s):

Carsten Stahn

Keyword(s):

Criminal Justice ◽

International Criminal ◽

Institutional Culture ◽

Former Yugoslavia ◽

International Criminal Justice ◽

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.

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

The American Journal of International Law ◽

10.2307/1602297 ◽

2005 ◽

Vol 99 (3) ◽

pp. 663-668

Author(s):

Nina H. B. Jørgensen

Keyword(s):

International Criminal ◽

Rapid Development ◽

Trial Chamber ◽

Former Yugoslavia ◽

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.

New Mechanisms for the Enforcement of International Humanitarian Law

The American Journal of International Law ◽

10.2307/2674654 ◽

2001 ◽

Vol 95 (4) ◽

pp. 934-952 ◽

Cited By ~ 1

Author(s):

Daryl A. Mundis

Keyword(s):

Ad Hoc ◽

International Criminal ◽

International Community ◽

Criminal Court ◽

Former Yugoslavia ◽

International Humanitarian Law ◽

Humanitarian Law ◽

Domestic Courts

The international criminal court (ICC) will serve as a permanent institution dedicated to the enforcement of international humanitarian law sixty days after the sixtieth state has deposited its instrument of ratification, acceptance, approval, or accession to the Treaty of Rome with the Secretary-General of the United Nations.1 Pursuant to Article 11 of the ICC Statute, however, the ICC will have jurisdiction only with respect to crimes committed after the treaty comes into force.2 Consequently, when faced with allegations of violations of international humanitarian law in the period prior to the establishment of the ICC, the international community has five options if criminal prosecutions are desired.3 First, additional ad hoc international tribunals, similar to those established for the former Yugoslavia (International Criminal Tribunal for the Former Yugoslavia, ICTY) and Rwanda (International Criminal Tribunal for Rwanda, ICTR) could be established.4 Second, "mixed" international criminal tribunals, which would share certain attributes with the ad hoc Tribunals, could be created.5 Third, the international community could leave the prosecution of alleged offenders to national authorities, provided that the domestic courts are functioning and able to conduct such trials. Fourth, in those instances where the national infrastructure has collapsed, international resources could be made available to assist with the prosecution of the alleged offenders in domestic courts. Finally, the international community could simply do nothing in the face of alleged violations of international humanitarian law.

The Power of the Beaten Path

10.1093/oso/9780198833857.003.0001 ◽

2018 ◽

Author(s):

William A. Schabas

Keyword(s):

International Criminal ◽

Criminal Responsibility ◽

Former Yugoslavia ◽

Head Of State ◽

The Creation ◽

Paris Peace Conference

The introductory chapter explains contemporary interest in legal developments a century ago. Discussions and decisions at the Paris Peace Conference in 1919 were the beginning of debates that continue to this day. The chapter looks in some detail at the criminality of starting a war, today known as the crime of aggression, the immunity that can be invoked by a Head of State like the Kaiser, and problems of attributing criminal responsibility to those who are not physically involved in the crime. It also addresses the creation of international criminal tribunals, which began with the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

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

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10038 ◽

2021 ◽

pp. 1-26

Author(s):

Remzije Istrefi ◽

Arben Hajrullahu

Keyword(s):

Sexual Violence ◽

Justice System ◽

International Criminal ◽

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.

International Criminal Tribunals and Cooperation with States

10.1093/oso/9780190272654.003.0023 ◽

2018 ◽

Author(s):

Geoffrey Nice ◽

Nevenka Tromp

Keyword(s):

International Criminal ◽

Armed Forces ◽

Former Yugoslavia ◽

Recent Experience ◽

Political Elites ◽

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.