International Criminal Tribunal for Rwanda Part 3

[Symposium] Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law
Cote, L.
Journal of International Criminal Justice
Volume 3, Number 1, March 2005

This paper sheds some light on the exercise of prosecutorial discretion in International Criminal Law , particularly within the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia . It argues that in international criminal law, the area where prosecutorial discretion becomes most politically sensitive concerns the power to select which individuals to prosecute, what rank of individual should be targeted for prosecution, and how many individuals to try before an international criminal tribunal. After briefly looking at the extent of the discretionary powers given to the international Prosecutor and, more importantly, at how they are exercised in practice, the author tries to identify the limits of these powers from three different angles: their legality in the light of the right to equality of treatment, the duty of impartiality of the Prosecutor and, finally, the legitimacy of the decisions to indict considering other efforts to negotiate peace. It concludes by identifying the new trends observed in international criminal law to limit prosecutorial discretion at the International Criminal Court , the Special Court for Sierra Leone and in the newly adopted completion strategy of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia .

The International Criminal Tribunal for Rwanda: A Paper Umbrella in the Rain? Initial Pitfalls and Brighter Prospects
Jackson Nyamuya Maogoto
Nordic Journal of International Law
Volume 73, Number 2, 2004 p.187-221

The International Criminal Tribunal for Rwanda’s Decision in The Prosecutor v. Ferdinand Nahimana et al. : The Past, Present, and Future of International Incitement Law
H. RON DAVIDSON
Leiden Journal of International Law
Volume 17, Number 3, September 2004 p.505-519

A Woman Scorned for the “Least Condemned”War Crime: Precedent and Problems with Prosecuting Rape as a Serious War Crime in the International Criminal Tribunal for Rwanda
Stephanie K. Wood
Columbia Journal of Gender and Law
Volume 13, Number 2, 2004 p.274

Why U.S. Law Should Have Been Considered in the Rwanda Media Convictions
Kevin W. Goering, Damion K. L. Stodola, and John C. Knapp
Communications Lawyer
Volume 22, Number 1, Spring 2004 p.10

Although few would disagree with the end result, the authors contend that the International Criminal Tribunal for Rwanda established a dangerous precedent by excluding American case law on free speech.

The International Criminal Tribunal for Rwanda: Achievements and Activities in 2003
Ling Yan
Chinese Journal of International Law
Volume 3, Number 1, 2004 p.291-304

Proving and punishing genocide at the International Criminal Tribunal for Rwanda
J. Meemik
International Criminal Law Review
Volume 4, Number 1, 2004 p.65-81

Current developments in the jurisprudence of the International Criminal Tribunal for Rwanda: Judgment of a Trial Chamber in the case of The Prosecutor v. Laurent Semanza
Roman Boed
International Criminal Law Review
Volume 3, Number 4, 2003 p.405-413

From the International Criminal Tribunal for Rwanda to the International Criminal Court : Expanding the Definition of Genocide To Include Rape
Alexandra A. Miller
Penn State law Review
Volume 108, Number 1, Summer 2003 p.349

The Work of the International Criminal Tribunal for Rwanda in 2002
Ling Yan
Chinese Journal of International Law
Volume 2, Number 2, 2003 p.655-665

Author: international

Mentioned in these Entries

International Criminal Court, International Criminal Law, International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia, State law.