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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


Reparations in Malawi

Diana Cammack

in The Handbook of Reparations

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199291922
eISBN:
9780191603716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199291926.003.0007
Subject:
Political Science, International Relations and Politics

Malawi’s five methods of paying reparations — court awards, the government’s Disaster Preparedness, Relief and Rehabilitation program, civil service grants, special payments to the political elite, ... 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


Crimes Against Humanity

Michael Banton

in International Action against Racial Discrimination

Published in print:
1996
Published Online:
November 2003
ISBN:
9780198280613
eISBN:
9780191598760
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198280610.003.0002
Subject:
Political Science, International Relations and Politics

Action after World War I led to the creation of the League of Nations. During World War II, a War Crimes Commission was set up, which led to the proceedings before the Nuremberg Tribunal. The ... 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


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


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


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


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


The Scottish Mental Health Tribunal: Practice and Procedure

Derek Auchie and Alisa Carmichael

Published in print:
2009
Published Online:
May 2020
ISBN:
9781845860226
eISBN:
9781474406291
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860226.001.0001
Subject:
Law, Medical Law

This unique text provides an authoritative and practical commentary on the practice and procedure of the new Mental Health Tribunal for Scotland. A full review of the Mental Health Tribunal for ... More


International Law Enforcement

Karen J. Alter

in The New Terrain of International Law: Courts, Politics, Rights

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691154749
eISBN:
9781400848683
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691154749.003.0007
Subject:
Political Science, International Relations and Politics

This chapter presents four case studies covering all of the substantive domains in which international courts operate. The case studies show World Trade Organization (WTO) litigation pressuring the ... More


The Jurisprudence of the Iran-United States Claims Tribunal

George H. Aldrich

Published in print:
1996
Published Online:
March 2012
ISBN:
9780198258056
eISBN:
9780191681776
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258056.001.0001
Subject:
Law, Public International Law, Philosophy of Law

The Iran–United States Claims Tribunal is the most important source of international arbitral decisions for at least the past half-century, and its decisions have contributed significantly to the ... 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


The Limits of the Legal Imagination: Plumbing the Depths of Nazi Criminality

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/9780198208723.003.0004
Subject:
History, European Modern History

This chapter considers the role of the early trials in the formation of the representation of the Nazi camps in the earliest and most widely publicized war crimes trials. It focuses on the IMT and ... More


Multicultural Interlegality? Negotiating Family Law in the Context of Muslim Legal Pluralism in the UK

Samia Bano

in Law and Anthropology: Current Legal Issues Volume 12

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199580910
eISBN:
9780191723025
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580910.003.0016
Subject:
Law, Comparative Law

This chapter draws upon debates about the concepts of ‘interlegality’ and ‘multicultural interlegality’, to analyze the ways in which Muslim legal pluralism in matters of family law are negotiated ... More


The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy

Wayne Jordash and John Coughlan

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0013
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter highlights the evolution of the ad hoc Tribunals' approach to the specificity of indictments. This is an issue at the very heart of the fairness of international criminal justice and ... More


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