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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


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


‘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


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


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 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


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


Thinking Systemically About Transitional Justice, Legal Systems, and Resilience

Janine Natalya Clark

in Multisystemic Resilience: Adaptation and Transformation in Contexts of Change

Published in print:
2021
Published Online:
March 2021
ISBN:
9780190095888
eISBN:
9780197541159
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190095888.003.0028
Subject:
Psychology, Social Psychology

Transitional justice refers to the set of judicial and non-judicial processes that societies may use to deal with legacies of past human rights abuses and atrocities. While the field is rapidly ... More


Genocide on the Drina River

Edina Bećirević

Published in print:
2014
Published Online:
January 2015
ISBN:
9780300192582
eISBN:
9780300206807
Item type:
book
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300192582.001.0001
Subject:
History, European Modern History

This book examines the genocide committed by Serb forces against Bosnian Muslims during the 1992-1995 war in Bosnia and Herzegovina, drawing on the case studies of seven municipalities in Eastern ... More


Introduction: Design and Structure

Hilmi M. Zawati and Teresa A. Doherty

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

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199357109
eISBN:
9780190259839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199357109.003.0001
Subject:
Law, Human Rights and Immigration

This introductory chapter begins with an analysis of the historical impression of rape and sexual slavery, central arguments, and the justification of the case study presented by the author. It ... 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


The Crime Question

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0004
Subject:
Law, Public International Law

This chapter examines the practices that have influenced the range and definition of crimes adjudicated within international criminal courts and the implications for the scope and content of the ... More


The Prosecutorial Targets Question

Barrie Sander

in Doing Justice to History: Confronting the Past in International Criminal Courts

Published in print:
2021
Published Online:
April 2021
ISBN:
9780198846871
eISBN:
9780191881879
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198846871.003.0003
Subject:
Law, Public International Law

This chapter examines the practices that have influenced the selection of prosecutorial targets in different institutional settings and the implications for the scope and content of the historical ... More


Introduction

Yvonne McDermott

in Fairness in International Criminal Trials

Published in print:
2016
Published Online:
March 2016
ISBN:
9780198739814
eISBN:
9780191802782
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198739814.003.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter provides some context on fairness in international criminal trials. It discusses the establishment of the international criminal tribunals and the growth of international criminal ... More


Overriding ‘Democracy’ to Implement Dayton

Christopher Bennett

in Bosnia's Paralyzed Peace

Published in print:
2016
Published Online:
January 2017
ISBN:
9780190608293
eISBN:
9780190638450
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190608293.003.0006
Subject:
Political Science, Conflict Politics and Policy

This chapter covers the shift in international strategy from preventing a resumption of hostilities to creating the conditions for civilian implementation of the peace accord that subsequently ... More


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