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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


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


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


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


‘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


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


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


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


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 Politics of Establishing International Criminal Tribunals

Luc Reydams, Jan Wouters, and Cedric Ryngaert

in International Prosecutors

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199554294
eISBN:
9780191751691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554294.003.0002
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents a reconstruction of the historical and political context of the establishment of international tribunals. It looks at the political history of eleven courts employing ... More


The Normative Impact on International Law of the International Tribunal for Former Yugoslavia

Theodor Meron

in War Crimes Law Comes of Age: Essays

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268567
eISBN:
9780191683534
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268567.003.0012
Subject:
Law, Public International Law

Whatever the practical achievements of the International Tribunal for Yugoslavia may prove to be, the United Nations Security Council has established the first truly international criminal tribunal ... More


Genocide and International Criminal Tribunals

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0013
Subject:
Law, Human Rights and Immigration

The concepts of ‘genocide’ and ‘crimes against humanity’ essentially arose as a reaction to the crimes committed by Nazi Germany during the Second World War. Perhaps even more than crimes against ... More


Some Reflections on the Operation of the Dispute Settlement System of the UN Convention on the Law of the Sea During its First Decade

Robin Churchill

in The Law of the Sea: Progress and Prospects

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199299614
eISBN:
9780191714887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299614.003.0020
Subject:
Law, Public International Law

The 1982 United Nations Convention on the Law of the Sea (LOSC) contains a wide-ranging and ambitious system of dispute settlement. Article 287 of the LOSC gives its parties the option of making a ... More


The World Court and Peaceful Settlement of Oceans Disputes

Barbara Kwiatkowska

in The Law of the Sea: Progress and Prospects

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199299614
eISBN:
9780191714887
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299614.003.0022
Subject:
Law, Public International Law

For more than 80 years, the World Court — the Permanent Court of International Justice and its successor, the International Court of Justice (ICJ) — has contributed to the development of the law of ... More


Selection of Defendants

Frederiek de Vlaming

in International Prosecutors

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199554294
eISBN:
9780191751691
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554294.003.0009
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter focuses on the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone, three contemporary ... More


Recent Developments in the International Law of Genocide: An Anthropological Perspective on the International Criminal Tribunal for Rwanda

Paul J. Magnarella

in Annihilating Difference: The Anthropology of Genocide

Published in print:
2002
Published Online:
May 2012
ISBN:
9780520230286
eISBN:
9780520927575
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520230286.003.0012
Subject:
Anthropology, African Cultural Anthropology

This chapter provides an overview of the original provisions of the 1948 U.N. Genocide Convention and recent steps toward implementation. It describes the process used by the International Criminal ... More


Shaping the Trials: The Politics of Trial Policy, 1945–1949

Donald Bloxham

in Genocide on Trial: War Crimes Trials and the Formation of Holocaust History and Memory

Published in print:
2001
Published Online:
January 2010
ISBN:
9780198208723
eISBN:
9780191717017
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198208723.003.0002
Subject:
History, European Modern History

This chapter studies the prosecution of prominent war criminals within the context of the broader trial policy of the British and Americans. It brings out the distinctly American flavour of the ... More


Urgency

SHABTAI ROSENNE

in Provisional Measures in International Law: The International Court of Justice and the International Tribunal for the Law of the Sea

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199268061
eISBN:
9780191699245
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199268061.003.0005
Subject:
Law, Public International Law

Urgency, which is specifically mentioned as one of the requirements for the prescription of provisional measures, is the focus of this chapter. Urgency as such is not mentioned in the Statute of the ... More


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