Author : Julie Mertus
Publisher :
Page : 38 pages
File Size : 40,80 MB
Release : 2004-01-01
Category : Human rights
ISBN : 9781932679052
Author : William A. Schabas
Publisher : Cambridge University Press
Page : 55 pages
File Size : 24,85 MB
Release : 2006-07-20
Category : Political Science
ISBN : 1139456814
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
Author : Lily McFeeters
Publisher :
Page : 39 pages
File Size : 33,88 MB
Release : 2017
Category :
ISBN :
The International Criminal Tribunal for the Former Yugoslavia (ICTY) been successful in its mission of indicting and trying individuals most responsible for the war crimes that occurred in the Former Yugoslavia in the 1990s because it has arrested and indicted all of the known leaders and organizers who committed mass crimes. According to United Nations Security Council Resolution 827, the purpose of the ICTY is "an international tribunal for (& prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia," (Security Council Resolution). This statement outlines the specific jurisdiction of the ICTY as a supranational organization created by the UN, which indicates the specific objectives of the ICTY as well as its jurisdiction restrictions. There is a final goal of the ICTY that is an amendment to the original mission statement called the completion strategy, which is "to make sure that the Tribunal concludes its mission successfully, in a timely way and in coordination with domestic legal systems in the former Yugoslavia," ("Completion Strategy"). However, the ICTY has not thus far successfully completed the end goal of its completion strategy, which involves strengthening the national and local courts of the states in the former Yugoslavia, because the current situation of the war crimes victims has not improved for many women since the end of the war. Although the ICTY is responsible for transferring appropriate cases to the national and local courts, victims are not able to seek justice due to inferior judicial infrastructure and societal stigmas indicating this aspect of the completion strategy is one of the limitations of the ICTY. The majority of the criticism surrounding the ICTY centers on its completion strategy for reasons including lack of communication with local courts and the absence of clarity regarding the specific role of the ICTY in relation to the local and national courts. While the ICTY lacks the tools to solve all of the former Yugoslavia's national and local judicial and development needs, it does provide a workable international model for prosecuting human rights, ensuring the rights of victims, and demonstrating senior officials must be held accountable for their actions ("About the ICTY").
Author : Richard H. Steinberg
Publisher : Martinus Nijhoff Publishers
Page : 345 pages
File Size : 44,39 MB
Release : 2011-05-23
Category : Law
ISBN : 9004186247
This collection of essays assesses the legacy established by the most important international criminal tribunal since the Nuremberg and Tokyo war crimes trials, and considers what might be done to enhance or modify the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), including improvement of the capacity of state courts in the region to prosecute violations of humanitarian law by using the Tribunal’s documents, evidence, law, and practice.
Author : Izabela Steflja
Publisher : Stanford University Press
Page : 122 pages
File Size : 36,73 MB
Release : 2020-09-08
Category : Law
ISBN : 1503627578
Women war criminals are far more common than we think. From the Holocaust to ethnic cleansing in the Balkans to the Rwandan genocide, women have perpetrated heinous crimes. Few have been punished. These women go unnoticed because their very existence challenges our assumptions about war and about women. Biases about women as peaceful and innocent prevent us from "seeing" women as war criminals—and prevent postconflict justice systems from assigning women blame. Women as War Criminals argues that women are just as capable as men of committing war crimes and crimes against humanity. In addition to unsettling assumptions about women as agents of peace and reconciliation, the book highlights the gendered dynamics of law, and demonstrates that women are adept at using gender instrumentally to fight for better conditions and reduced sentences when war ends. The book presents the legal cases of four women: the President (Biljana Plavšic), the Minister (Pauline Nyiramasuhuko), the Soldier (Lynndie England), and the Student (Hoda Muthana). Each woman's complex identity influenced her treatment by legal systems and her ability to mount a gendered defense before the court. Justice, as Steflja and Trisko Darden show, is not blind to gender.
Author : Carsten Stahn
Publisher : Oxford University Press
Page : 672 pages
File Size : 11,64 MB
Release : 2020-06-10
Category : Law
ISBN : 0192607944
The International Criminal Tribunal for the former Yugoslavia (ICTY) is one the pioneering experiments in international criminal justice. It has left a rich legal, institutional, and non-judicial legacy. This edited collection provides a broad perspective on the contribution of the tribunal to law, memory, and justice. It explores some of the accomplishments, challenges, and critiques of the ICTY, including its less visible legacies. The book analyses different sites of legacy: the expressive function of the tribunal, its contribution to the framing of facts, events, and narratives of the conflict in the former Yugoslavia, and investigative and experiential legacies. It also explores lesser known aspects of legal practice (such as defence investigative ethics, judgment drafting, contempt cases against journalists, interpretation and translation), outreach, approaches to punishment and sentencing, the tribunals' impact on domestic legal systems, and ongoing debates over impact and societal reception. The volume combines voices from inside the tribunal with external perspectives to elaborate the rich history of the ICTY, which continues to be written to this day.
Author : A. H. J. Swart
Publisher : Oxford University Press
Page : 585 pages
File Size : 20,83 MB
Release : 2011-05-19
Category : History
ISBN : 0199573417
The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as animportant frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyse the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstatedassumptions, political circumstances, and impact-and indeed, its legacy.
Author : Rachel Kerr
Publisher :
Page : 239 pages
File Size : 28,69 MB
Release : 2004
Category : Yugoslav War Crime Trials, Hague, Netherlands, 1994-
ISBN : 9780191601422
On the 25th of May 1993 the United Nations Security Council decided to establish the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a mechanism for the restoration and maintenance of international peace and security. This text provides an examination of the ICTY.
Author : Karine Lescure
Publisher : BRILL
Page : 222 pages
File Size : 23,15 MB
Release : 2023-08-28
Category : Law
ISBN : 9004636889
The extremely serious nature of the crimes committed in former Yugoslavia caused the United Nations Security Council, in its resolution 827 of 25 May, 1993, to establish an ad hoc international criminal Tribunal which would be required to `try those persons responsible for serious breaches of international humanitarian law committed on the territory of former Yugoslavia between 1 January, 1991 and a date to be determined by the Council after peace has been restored.' This international jurisdiction, which has been in existence in the Hague since 17 November, 1993, depends on the political will of the nations to provide it with the means to accomplish its allotted task and to organise international judicial cooperation to assist it. International Justice for Former Yugoslavia explains the way in which the Tribunal - unique of its kind - is designed to work, and to acquaint victims and witnesses with the means available to them to institute proceedings as well as the protective measures of which they may avail themselves. In other words, it is a key to access to the International Tribunal in the Hague. The information will also alert public opinion and mobilize holders of public office and public figures in regard to the need to bring war criminals to justice. The Tribunal is competent to render justice, thus making it possible to end immunity from punishment, a condition which is a sine qua non for a return to lasting peace. It also constitutes a vital link with the hoped-for future creation of an international criminal court.
Author : Kelly Dawn Askin
Publisher : BRILL
Page : 473 pages
File Size : 39,45 MB
Release : 2023-08-07
Category : Law
ISBN : 9004642412
This book examines laws and customs of war prohibiting rape crimes dating back thousands of years, even though gender-specific crimes, particularly sex crimes, have been prevalent in wartime for centuries. It surveys the historical treatment of women in wartime, and argues that all the various forms of gender-specific crimes must be prosecuted and punished. It reviews the Nuremberg and Tokyo War Crimes Tribunals from a gendered perspective, and discusses how crimes against women could have been prosecuted in these tribunals and suggests explanations as to why they were neglected. It addresses the status of women in domestic and international law during the past one hundred years, including the years preceding World War II and in the aftermath of this war, and in the years immediately preceding the Yugoslav conflict. The evolution of the status and participation of women in international human rights and international humanitarian law is analyzed, including the impact domestic law and practice has had on international law and practice. Finally, this book reviews gender-specific crimes in the Yugoslav conflict, and presents arguments as to how various gender-specific crimes (including rape, forced prostitution, forced impregnation, forced maternity, forced sterilization, genocidal rape, and sexual mutilation) can be, and why they must be, prosecuted under Articles 2-5 of the Yugoslav Statute (i.e., as grave breaches of the Geneva Conventions, torture, violations of the laws of war, violations of the customs of war, genocide, and crimes against humanity). The author, a human rights attorney, academic, and activist, spent three years researching both the treatment of women during periods of armed conflict and humanitarian laws protecting women from war crimes.
