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

Rachel Kerr

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.001.0001
Subject:
Political Science, International Relations and Politics

This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its ... More


Jurisdiction: ‘Beyond Any Doubt’?

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0004
Subject:
Political Science, International Relations and Politics

The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way ... More


An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0008
Subject:
Political Science, International Relations and Politics

This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard ... More


Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0005
Subject:
Political Science, International Relations and Politics

This chapter examines issues associated with the formulation and interpretation of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The ... More


Establishing a Court: ‘A Mammoth Task’

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0003
Subject:
Political Science, International Relations and Politics

This chapter discusses the process of creating the International Criminal Tribunal for the Former Yugoslavia. It charts the process from the adoption of Resolution 827 on May 25, 1993 to the end of ... More


Cooperation and Judicial Assistance: The Tribunal's ‘Artificial Limbs’

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0006
Subject:
Political Science, International Relations and Politics

This chapter examines the balancing of diplomatic, political, and judicial roles in the operation of the International Criminal Tribunal for the Former Yugoslavia. It presents the legal framework for ... More


‘First Catch Your Criminal’: Obtaining Custody of Accused

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0007
Subject:
Political Science, International Relations and Politics

This chapter examines the legal framework, politics, and logistics involved in the International Criminal Tribunal for the Former Yugoslavia’s apprehension of the accused. It considers custody ... More


International Peace and Security, International Criminal Justice, and the Yugoslav War

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0002
Subject:
Political Science, International Relations and Politics

This chapter analyses the decision to establish the International Criminal Tribunal for the Former Yugoslavia from the legal, political, and diplomatic context in which it was taken. The tribunal was ... More


The Rome Statute and the Constitution of World Society

Jason Ralph

in Defending the Society of States: Why America Opposes the International Criminal Court and its Vision of World Society

Published in print:
2007
Published Online:
September 2007
ISBN:
9780199214310
eISBN:
9780191706615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199214310.003.0004
Subject:
Political Science, International Relations and Politics

This chapter demonstrates how the Rome Statute creates a Court that is legally separate from the society of states. To the extent that it gives victims of core crimes a means of legal redress that ... More


Conclusion

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0009
Subject:
Political Science, International Relations and Politics

This chapter presents a synthesis of the discussions in this volume. The establishment of the International Criminal Tribunal for the Former Yugoslavia was part of a wider trend towards ... More


Challenging International Criminal Tribunals Before Domestic Courts

Jean d'Aspremont and Catherine Brölmann

in Challenging Acts of International Organizations Before National Courts

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199595297
eISBN:
9780191595752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595297.003.0005
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter demonstrates that in the field of international criminal law decisions of international courts and tribunals have recurrently been challenged before national courts. Since most ... More


Introduction

Rachel Kerr

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

Published in print:
2004
Published Online:
August 2004
ISBN:
9780199263059
eISBN:
9780191601422
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263051.003.0001
Subject:
Political Science, International Relations and Politics

This introductory chapter discusses the alleged ‘politicisation’ of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The UN Security Council established the ICTY on May 25, 1993 ... More


Accountability

Aryeh Neier

in The International Human Rights Movement: A History

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691135151
eISBN:
9781400841875
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135151.003.0011
Subject:
Sociology, Migration Studies (including Refugee Studies)

This chapter discusses that a major goal of the international human rights movement has been to secure accountability for especially grave abuses. This focus has led to the so-called “truth ... More


International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law

Bruce Broomhall

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199274246
eISBN:
9780191719585
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199274246.001.0001
Subject:
Law, Public International Law

Since the Nuremberg Trials of top Nazi leaders following the Second World War, international law has affirmed that no-one, whatever their rank or office, is above accountability for their crimes. Yet ... More


INTRODUCTION

William Schabas

in Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199653072
eISBN:
9780191739361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653072.003.0001
Subject:
Law, Public International Law

This introductory chapter first sets out the purpose of the book, which is to speak to some of the controversies that surround modern atrocity trials. It then considers the history of international ... More


Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Hilmi M. Zawati

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199357109
eISBN:
9780190259839
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199357109.001.0001
Subject:
Law, Human Rights and Immigration

This book explains how the abstractness and lack of accurate description of gender-based crimes in the statutory laws of the international criminal tribunals and courts infringe the principle of fair ... More


The Financing of Internationalized Criminal Courts and Tribunals

Thordis Ingadottir

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0013
Subject:
Law, Public International Law

One of the most important departures of the internationalized criminal courts and tribunals from typical full international tribunals is the way in which they are funded. While the bulk of the cost ... More


The Judges and Prosecutors of Internationalized Criminal Courts and Tribunals

Cesare P R Romano

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0012
Subject:
Law, Public International Law

This chapter examines the question of staffing internationalized criminal courts and tribunals, focusing on the judicial body's judges and prosecutors. It explains how and why the composition of ... More


NULLUM CRIMEN SINE LEGE

William Schabas

in Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199653072
eISBN:
9780191739361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653072.003.0003
Subject:
Law, Public International Law

Only the law can define a crime and a penalty: nullum crimen [nulla peona] sine lege. To respect the principle of legality, the scope of the crime and the applicable punishment must be set out in ... More


Legal Assistance to Internationalized Criminal Courts and Tribunals

Göran Sluiter

in Internationalized Criminal Courts: Sierra Leone, East Timor, Kosovo, and Cambodia

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199276745
eISBN:
9780191707650
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276745.003.0017
Subject:
Law, Public International Law

In order to carry out their mandates, internationalized criminal courts and tribunals require effective legal assistance, not only by the authorities of the states where they operate, but also by ... More


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