International Criminal Tribunal for the Former Yugoslavia Part 4

Kerr, Rachel. The International Criminal Tribunal for the Former Yugoslavia : An Exercise in Law, Politics, and Diplomacy ; Hagan, John. Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal
Jenny S. Martinez
American Journal of International Law
Volume 99, Number 2, April 2005 p.523

HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Leiden Journal of International Law
Volume 18, Number 2, June 2005

The Development of the Concept of Joint Criminal Enterprise at the International Criminal Tribunal for the Former Yugoslavia
Haan, Verena
International Criminal Law Review
Volume 5, Number 2, June 2005 p.167-202

International Criminal Tribunal for the Former Yugoslavia
Leiden Journal of International Law
Volume 18, Number 1, March 2005

The Judgment of the International Criminal Tribunal for the former Yugoslavia in the Broanin Case
Tilman BlumensLaw Journal / Law Reviewk
Leiden Journal of International Law
Volume 18, Number 1, March 2005 p.65-75

What’s in a Name? Labels and the Statute of the International Criminal Tribunal for the Former Yugoslavia
Charles Lister
Leiden Journal of International Law
Volume 18, Number 1, March 2005 p.77-92

An Effective Measure of Bringing Justice?: The Joint Criminal Enterprise Doctrine of the International Criminal Tribunal for the Former Yugoslavia
Shane Darcy
American University International Law Review
Volume 20, Number 1, 2004 p.153

[Articles] ‘The Milosevic Trial — Live!’: An Iconical Analysis of International Law’s Claim of Legitimate Authority
Steinitz, M.
Journal of International Criminal Justice
Volume 3, Number 1, March 2005

It has been argued that in order for a normative system to qualify as ‘law’, it must, at the least, claim to possess legitimate authority and to be supreme to other normative systems. This article examines one highly visible development in international law – the criminal war trials – from a sociological perspective, trying to discern whether and how international law claims legitimate authority and supremacy. Specifically, it focuses on a deeply symbolic example of international criminal adjudication: the Milosevic trial – a ‘transitional justice’ trial in that it is a trial held after a conflict that has deeply disrupted the relevant community. The article offers a sociological reading of the symbolism of the interpersonal dynamics of the Milosevic trial and concludes that what is in fact attempted, and perhaps achieved, through internationalizing the transitional-justice trials is the internationalization of the transition process itself. The subject of the transition from an illiberal and illegitimate regime to a liberal and legitimate one is not in fact the former Yugoslavia, but the ‘international community’ itself. The Rule of law that the International Criminal Tribunal for the Former Yugoslavia seeks to vindicate is not only law as such, and not necessarily the law of the former Yugoslavia, but the rule of international law.

[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.

Author: international

Mentioned in these Entries

Diplomacy, International Criminal Court, International Criminal Law, International Criminal Tribunal for Rwanda, International Criminal Tribunal for the Former Yugoslavia, Rule of law.