The Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia

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Roger Stenson Clark, Madeleine Sann
Transaction Publishers, 1 авг. 2003 г. - Всего страниц: 502

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.Mark Osiel is professor of law at the University of Iowa. He is the author of Mass Atrocity, Collective Memory, and the Law.

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Introductory Remarks
1
Introduction
3
International Criminal Prosecution The Precedent of Nuremberg Confirmed
17
Toward International Criminal Justice
29
FactFinding
59
The Commission of Experts Established pursuant to Security Council Resolution 780 Investigating Violations of International Humanitarian Law in t...
61
Establishment of the Tribunal
123
An International Criminal Tribunal The Difficult Union of Principle and Politics
125
Substantive and Procedural Issues
235
A Slovenian Perspective on the Statute and Rules of the International Tribunal for the Former Yugoslavia
237
Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia Legal Procedural and Evidentiary Issues
257
Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia
293
Securing the Presence of Defendants before the International Tribunal for the Former Yugoslavia Breaking with Extradition
343
Appendixes
375
Security Council resolutions on the Establishment of the International Tribunal for the Former Yugoslavia
377
Report of the SecretaryGeneral pursuant to Paragraph 2 of Security council Resolution 808 1993 Including the Statute of the Tribunal
385

An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia
165
Politics and the International Tribunal for the Former Yugoslavia
185
Legal and Practical Implications from the Perspective of the Host Country Relating to the Establishment of the International Tribunal for the Former ...
207
International Tribunal for the Prosecution of Persons responsible for Serious Violations of International Humanitarian Law Committed in the Territor...
439
Security Council Resolutions on the Establishment of the International Tribunal for Rwanda including the Statute of the Tribunal
483
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Стр. 406 - Court shall be composed of a body of independent judges, elected regardless of their nationality from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are juris-consults of recognized competence in international law.
Стр. 154 - To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it...
Стр. 181 - This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Стр. 181 - No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed.
Стр. 127 - The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility: (a) Crimes against peace. Namely, planning, preparation, initiation, or waging of a war of aggression or a war in violation of international treaties, agreements, or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.
Стр. 127 - ... violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population of or in occupied territory, murder or illtreatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity...
Стр. 183 - ... international custom, as evidence of a general practice accepted as law; c. the general principles of law recognized by civilized nations ; d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.
Стр. 498 - Everyone charged with a criminal offence has the following minimum rights: a to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; b to have adequate time and facilities for the preparation of his defence...

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