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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


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


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


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


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


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


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


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


Humanitarian Intervention in the Balkans

Nicholas Morris*

in Humanitarian Intervention and International Relations

Published in print:
2003
Published Online:
April 2004
ISBN:
9780199267217
eISBN:
9780191601118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199267219.003.0006
Subject:
Political Science, International Relations and Politics

Assesses the success of the two humanitarian interventions in the Balkans – Bosnia in 1995 and Kosovo in 1999 – from the perspective of humanitarian organizations. It argues how, ironically, the ... 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


The Dissolution of Yugoslavia and the Propaganda of Dehumanization

Edina Bećirević

in Genocide on the Drina River

Published in print:
2014
Published Online:
January 2015
ISBN:
9780300192582
eISBN:
9780300206807
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300192582.003.0002
Subject:
History, European Modern History

This chapter offers background and analysis regarding the dissolution of the former Yugoslavia, citing key social and political moments and shifts in power that laid the groundwork for the eventual ... More


Abroad: Loyalism in comparative context

Richard Reed

in Paramilitary loyalism: Identity and change

Published in print:
2015
Published Online:
January 2016
ISBN:
9780719095306
eISBN:
9781781708682
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095306.003.0007
Subject:
Political Science, Conflict Politics and Policy

This final chapter draws on many of the themes developed in the previous sections in the context of a number of other international groups known for extremist behaviour and views. This work advances ... More


The United States Role in Transitional Justice for Libya, Iraq, and the Former Yugoslavia

Zachary D. Kaufman

in United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190243494
eISBN:
9780190243524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243494.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter is a case study documenting and analyzing the U.S. role in transitional justice for Libya, Iraq, and the Former Yugoslavia in the immediate aftermath of the Cold War. This chapter ... More


Superior Responsibility *

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The concept of superior responsibility has been developed and critically discussed since the Second World War. It owes much of its recent development to the ad hoc tribunals that have relied on the ... More


International Mass Claims Processes: Legal and Practical Perspectives

Howard M. Holtzmann and Edda Kristjánsdóttir (eds)

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199207442
eISBN:
9780191708695
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207442.001.0001
Subject:
Law, Private International Law

This book analyzes a significant procedural innovation in international law — the development of mass claims processes. Mass claims processes have become increasingly important phenomena in ... More


The Trial: IT-02-54, Prosecutor v. Milošević 1

Timothy William Waters

in The Milošević Trial: An Autopsy

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199795840
eISBN:
9780199345274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795840.003.0004
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter details Milošević's trial. It considers some of the major challenges and controversies that arose during its various phases, from indictment through termination. The discussions include ... More


Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal

John Hagan

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226312286
eISBN:
9780226312309
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226312309.001.0001
Subject:
Law, Human Rights and Immigration

Called a fig leaf for inaction by many at its inception, the International Criminal Tribunal for the Former Yugoslavia has surprised its critics by growing from an unfunded U.N. Security Council ... More


Real Justice, in Time: The Initial Indictment of Milošević

Clint Williamson

in The Milošević Trial: An Autopsy

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199795840
eISBN:
9780199345274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795840.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents an account of Milošević indictment. Under the theory of superior responsibility, Milošević was charged in his de jure role as president of the FRY and Supreme Commander of the ... More


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