Practice And Procedure Of The International Criminal Tribunal For The Former Yugoslavia

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Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

Author : Eugene O'Sullivan
Publisher : BRILL
ISBN 13 : 9004502793
Total Pages : 577 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia by : Eugene O'Sullivan

Download or read book Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia written by Eugene O'Sullivan and published by BRILL. This book was released on 2021-11-15 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers. The book is organized by sections, according to each Article of the Statute and Rule of procedure and evidence. Following the text of the Article or Rule, there is a Commentary section, where appropriate and a digest of Judgements, Decisions and Orders of the Appeals Chamber and the Trial Chambers. Materials will be found in the book from the beginning of the operation of the ICTY through the Furundžija Appeals Judgement and the amendments to the Rules in July 2000.

The International Criminal Tribunal for the Former Yugoslavia

Author : Rachel Kerr
Publisher : OUP Oxford
ISBN 13 : 0191532371
Total Pages : 248 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The International Criminal Tribunal for the Former Yugoslavia by : Rachel Kerr

Download or read book The International Criminal Tribunal for the Former Yugoslavia written by Rachel Kerr and published by OUP Oxford. This book was released on 2004-01-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law. The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunal was established as a tool of politics, but it was a judicial, not a political tool. This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, state co-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and instead enhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Author : A. H. J. Swart
Publisher : Oxford University Press
ISBN 13 : 0199573417
Total Pages : 585 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Legacy of the International Criminal Tribunal for the Former Yugoslavia by : A. H. J. Swart

Download or read book The Legacy of the International Criminal Tribunal for the Former Yugoslavia written by A. H. J. Swart and published by Oxford University Press. This book was released on 2011-05-19 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as animportant frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstatedassumptions, political circumstances, and impact-and indeed, its legacy.

Legacies of the International Criminal Tribunal for the Former Yugoslavia

Author : Carsten Stahn
Publisher : Oxford University Press
ISBN 13 : 0192607936
Total Pages : 672 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Legacies of the International Criminal Tribunal for the Former Yugoslavia by : Carsten Stahn

Download or read book Legacies of the International Criminal Tribunal for the Former Yugoslavia written by Carsten Stahn and published by Oxford University Press. This book was released on 2020-06-10 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.

International Criminal Practice

Author : John R. W. D. Jones
Publisher : Brill Nijhoff
ISBN 13 :
Total Pages : 1158 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Criminal Practice by : John R. W. D. Jones

Download or read book International Criminal Practice written by John R. W. D. Jones and published by Brill Nijhoff. This book was released on 2003 with total page 1158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume continues the standard work The Practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. It expands its former coverage of international criminal practice.

International Criminal Law

Author : Gideon Boas
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041119872
Total Pages : 352 pages
Book Rating : 4.1/5 (198 download)

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Book Synopsis International Criminal Law by : Gideon Boas

Download or read book International Criminal Law written by Gideon Boas and published by Martinus Nijhoff Publishers. This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the dawn of the International Criminal Court, the rich experience of the "ad hoc" International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the "ad hoc" International Criminal Tribunal for Rwanda and the new International Criminal Court.

The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda

Author : John R. W. D. Jones
Publisher : Transnational
ISBN 13 :
Total Pages : 702 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda by : John R. W. D. Jones

Download or read book The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda written by John R. W. D. Jones and published by Transnational. This book was released on 2000 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is crucial to the pedagogical role of the ICTFY & the ICTR that their Judgements & Decisions be as widely diffused as possible. This task John Jones' Practice of the International Criminal Tribunals for the Former Yugoslavia & Rwanda performs superbly. Antonio Cassese, President, ICTFY This book is an in-depth guide to the case law of both the ICTFY & the ICTR. The cases, arranged according to the relevant provisions of the Statute & Rules of Procedure & Evidence, are each presented with commentary followed by extracts from the Tribunals' decisions. Rules that have been amended are noted with dates & the reason for amendment. With copious material of the two tribunals organized in a manageable way for quick reference, this book is a wholly original contribution to the field of international criminal law.

The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy

Author : Rachel Kerr
Publisher : OUP Oxford
ISBN 13 : 9780199263059
Total Pages : 248 pages
Book Rating : 4.2/5 (63 download)

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Book Synopsis The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy by : Rachel Kerr

Download or read book The International Criminal Tribunal for the Former Yugoslavia:An Exercise in Law, Politics, and Diplomacy written by Rachel Kerr and published by OUP Oxford. This book was released on 2004-01-15 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 25 May 1993 the United Nations Security Council took the extraordinary and unprecedented step of deciding to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This was an extremely significant innovation in the use of mandatory enforcement powers by the Security Council, and the manifestation of an explicit link between peace and justice - politics and law.The establishment of ad hoc tribunals for the former Yugoslavia and Rwanda was followed by the adoption of the Rome Statute of the ICC in July 1998, the arrest of General Augusto Pinochet in London in October 1998, and the establishment of ad hoc tribunals in Cambodia, Sierra Leone, and East Timor, all of which pointed to an emerging norm of international criminal justice. The key to understanding this is the relationship between the political mandate and the judicial function. The Tribunalwas established as a tool of politics, but it was a judicial, not a political tool.This book provides a systematic examination of the Tribunal, what it is, why it was established, how it functions, and where its significance lies. The central question is whether an international judicial institution, such as the Tribunal, can operate in a highly politicized context and fulfill an explicit political purpose, without the judicial process becoming politicized. Separate chapters chart the origins of the court, the process of establishment, jurisdiction, procedure, stateco-operation, including obtaining custody of accused, and the role and function of the Chief Prosecutor. This last element is the key to the Tribunal's success in maintaining a delicate balancing act so that its external political function does not impinge on its impartial judicial status, and insteadenhances its effectiveness. The book concludes with an assessment of the conduct of the Milosevic case to date.

The Triggering Procedure of the International Criminal Court

Author : Héctor Olásolo
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004146156
Total Pages : 423 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Triggering Procedure of the International Criminal Court by : Héctor Olásolo

Download or read book The Triggering Procedure of the International Criminal Court written by Héctor Olásolo and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

The Emerging Practice of the International Criminal Court

Author : Carsten Stahn
Publisher : BRILL
ISBN 13 : 9004166556
Total Pages : 793 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis The Emerging Practice of the International Criminal Court by : Carsten Stahn

Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.

The Practice of the International Criminal Tribunal for the Former Yugoslavia

Author : John R. W. D. Jones
Publisher :
ISBN 13 :
Total Pages : 229 pages
Book Rating : 4.:/5 (685 download)

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Book Synopsis The Practice of the International Criminal Tribunal for the Former Yugoslavia by : John R. W. D. Jones

Download or read book The Practice of the International Criminal Tribunal for the Former Yugoslavia written by John R. W. D. Jones and published by . This book was released on 1997 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Justice for Former Yugoslavia

Author : Karine Lescure
Publisher : BRILL
ISBN 13 : 9004636889
Total Pages : 222 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Justice for Former Yugoslavia by : Karine Lescure

Download or read book International Justice for Former Yugoslavia written by Karine Lescure and published by BRILL. This book was released on 2023-08-28 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extremely serious nature of the crimes committed in former Yugoslavia caused the United Nations Security Council, in its resolution 827 of 25 May, 1993, to establish an ad hoc international criminal Tribunal which would be required to `try those persons responsible for serious breaches of international humanitarian law committed on the territory of former Yugoslavia between 1 January, 1991 and a date to be determined by the Council after peace has been restored.' This international jurisdiction, which has been in existence in the Hague since 17 November, 1993, depends on the political will of the nations to provide it with the means to accomplish its allotted task and to organise international judicial cooperation to assist it. International Justice for Former Yugoslavia explains the way in which the Tribunal - unique of its kind - is designed to work, and to acquaint victims and witnesses with the means available to them to institute proceedings as well as the protective measures of which they may avail themselves. In other words, it is a key to access to the International Tribunal in the Hague. The information will also alert public opinion and mobilize holders of public office and public figures in regard to the need to bring war criminals to justice. The Tribunal is competent to render justice, thus making it possible to end immunity from punishment, a condition which is a sine qua non for a return to lasting peace. It also constitutes a vital link with the hoped-for future creation of an international criminal court.

The International Criminal Tribunal for the Former Yugoslavia

Author : Rachel Kerr
Publisher :
ISBN 13 : 9780191601422
Total Pages : 239 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis The International Criminal Tribunal for the Former Yugoslavia by : Rachel Kerr

Download or read book The International Criminal Tribunal for the Former Yugoslavia written by Rachel Kerr and published by . This book was released on 2004 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the 25th of May 1993 the United Nations Security Council decided to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This text provides an examination of the ICTY.

International Criminal Justice

Author : Roberto Bellelli
Publisher : Routledge
ISBN 13 : 1317114272
Total Pages : 907 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis International Criminal Justice by : Roberto Bellelli

Download or read book International Criminal Justice written by Roberto Bellelli and published by Routledge. This book was released on 2016-04-22 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents an overview of the principal features of the legacy of International Tribunals and an assessment of their impact on the International Criminal Court and on the review process of the Rome Statute. It illustrates the foundation of a system of international criminal law and justice through the case-law and practices of the UN ad hoc tribunals and other internationally assisted tribunals and courts. These examples provide advice for possible future developments in international criminal procedure and law, with particular reference to their impact on the ICC and on national jurisdictions. The review process of the Rome Statute is approached as a step of a review process to provide a perspective of the developments in the field since the Statute’s adoption in 1998.

International Criminal Procedure

Author : Göran Sluiter
Publisher : OUP Oxford
ISBN 13 : 0191632597
Total Pages : 1720 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Criminal Procedure by : Göran Sluiter

Download or read book International Criminal Procedure written by Göran Sluiter and published by OUP Oxford. This book was released on 2013-03-21 with total page 1720 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.

The Prosecution of International Crimes

Author : Madeleine Sann
Publisher : Routledge
ISBN 13 : 1351303104
Total Pages : 637 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis The Prosecution of International Crimes by : Madeleine Sann

Download or read book The Prosecution of International Crimes written by Madeleine Sann and published by Routledge. This book was released on 2018-04-27 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a permanent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, political, and especially an international law point of view.The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the International Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advancement of criminal law theory, practice, and reform throughout the world, it is now available in paperback.

Prosecuting War Crimes

Author : James Gow
Publisher : Routledge
ISBN 13 : 113461084X
Total Pages : 286 pages
Book Rating : 4.1/5 (346 download)

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Book Synopsis Prosecuting War Crimes by : James Gow

Download or read book Prosecuting War Crimes written by James Gow and published by Routledge. This book was released on 2013-09-23 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.