The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy. By Rachel Kerr. Oxford, New York: Oxford University Press, 2004. Pp. viii, 239. Index. $98, £53. - Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal. By John Hagan. Chicago, University of Chicago Press, 2003. Pp. xxi, 274. Index. $29.

2005 ◽  
Vol 99 (2) ◽  
pp. 523-527
Author(s):  
Jenny S. Martinez
Keyword(s):  
New York ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Former Yugoslavia ◽  
University Of Chicago ◽  
The Balkans ◽  
Oxford University ◽  
The Hague ◽  
University Of Chicago Press

Briefly Noted

2019 ◽  
Vol 58 (3) ◽  
pp. 664-667
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Life Sentence

On March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals set aside Radovan Karadžić's prior sentence of forty years and imposed a life sentence. Karadžić was convicted of genocide, crimes against humanity, and violations of the laws or customs of war in March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia and sentenced to forty years in prison. His crimes relate to war crimes he committed during the 1990s conflicts in the Balkans, in particular the 1995 Srebrenica massacre of 8,000 Bosnian Serbs and the three-year long siege of Sarajevo. The Appeals Chamber reversed part of Karadžić's convictions related to the Overarching JCE and dismissed the rest of his appeal, while also dismissing most of the Prosecution's appeal, aside from the sentence. The Appeals Chamber judges found that the Trial Chamber “committed a discernible error and abused its discretion in imposing a sentence of only 40 years of imprisonment,” and consequently imposed a life sentence.

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA: AN EXERCISE IN LAW, POLITICS AND DIPLOMACY BY RACHEL KERR (OXFORD: OXFORD UNIVERSITY PRESS, 2004) 239 PAGES. PRICE AUD$180.00 (HARDCOVER). ISBN 0 19 926305 1

2005 ◽  
Vol 10 (2) ◽  
pp. 804
Author(s):  
JAMES UPCHER
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Title Page ◽  
Early Years ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Oxford University ◽  
Significant Achievement

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>T</span><span>HE </span><span>I</span><span>NTERNATIONAL </span><span>C</span><span>RIMINAL </span><span>T</span><span>RIBUNAL FOR THE </span><span>F</span><span>ORMER </span><span>Y</span><span>UGOSLAVIA</span><span>: A</span><span>N </span><span>E</span><span>XERCISE IN </span><span>L</span><span>AW</span><span>, P</span><span>OLITICS AND </span><span>D</span><span>IPLOMACY </span><span>BY </span><span>R</span><span>ACHEL </span><span>K</span><span>ERR </span><span>(O</span><span>XFORD</span><span>: O</span><span>XFORD </span><span>U</span><span>NIVERSITY </span><span>P</span><span>RESS</span><span>, 2004) 239 P</span><span>AGES</span><span>. P</span><span>RICE </span><span>AUD$180.00 (</span><span>HARDCOVER</span><span>). ISBN 0 19 926305 1 </span></p><p><span><br /></span></p><div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>When the International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993, the fabric uniting the Balkans was ripping apart. How could an ad hoc Tribunal, thousands of kilometres from the conflict with no enforcement apparatus, ameliorate the anarchy and destruction sweeping the region? In its early years it languished almost unused, its courtrooms empty. In 2005, as the ICTY moves slowly towards the completion of its mandate, increased international pres- sure has led to a series of surrenders of indicted suspects.</span><span>1 </span><span>It is a significant achievement that Slobodan Milosevic, the alleged architect of so much of the car- nage in the Balkans, now sits in the dock of the ICTY, defending charges of geno- cide, crimes against humanity and war crimes. His favoured approach is to play the martyr. </span></p></div></div></div><p><span><br /></span></p></div></div></div>

The ICTY Library

2018 ◽  
Vol 28 (4) ◽  
pp. 333-348
Author(s):  
Vladimir Petrović
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Former Yugoslavia ◽  
The Hague ◽  
Literary Output ◽  
Shed Light

The purpose of this contribution is to shed light on the literary output of persons indicted or sentenced for war crimes in the International Criminal Tribunal for the former Yugoslavia (ICTY). Over one hundred books—autobiographies, studies, collections of documents, and even novels and poetry have been generated by no less than 22 persons in the detention unit of the ICTY in The Hague since 1993. Although some of these works did cause an occasional stir, as of yet there is no detailed overview of the entirety of this literary output. In order to fill this gap, this article assembles a full collection of works produced by ICTY inmates and analyzes this genre, the motivations of its authors, and the implications of their work. Examined as sources, these works can be used to study the collapse of the former Yugoslavia, the work of the ICTY, and its perception by the accused. I conclude by examining the corrosive role these works play in the process of coming to terms with the troubled past of the region.

From The Hague to the Balkans: A Victim-oriented Reparations Approach to Improved International Criminal Justice

2014 ◽  
Vol 14 (1) ◽  
pp. 1-41 ◽  
Author(s):  
Stathis N. Palassis
Keyword(s):  
Criminal Justice ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
International Criminal Justice ◽  
The Balkans ◽  
International Crimes ◽  
The Hague ◽  
Yugoslav Wars

The international crimes committed in the territory of the former Yugoslavia during the 1990s have been the subject of both State responsibility claims and prosecutions establishing individual criminal responsibility. On 26 February 2007 the International Court of Justice handed down its judgment in the Genocide case while it is expected that in 2014 the International Criminal Tribunal for the former Yugoslavia will conclude all appeals from prosecutions. While these initiatives contribute to the acknowledgement of the commission of international crimes they have not provided the victims with any financial reparations. Instead victims have had to make compensation claims under domestic law. The article examines how, in addition to the international initiatives at The Hague, a regionally focused victim oriented reparations approach can assist in attaining improved international criminal justice for international crimes committed during the Yugoslav wars. A victim oriented reparations approach would enhance victims’ rights through the provision of financial reparations, reflect improved international criminal justice and assist in the attainment long-term stability in the war-torn States of the former Yugoslavia.

Duress as a Defence to War Crimes after Erdemović: A Laboratory for a Permanent Court?

1998 ◽  
Vol 1 ◽  
pp. 210-228 ◽  
Author(s):  
Peter Rowe
Keyword(s):  
Federal Republic ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Former Yugoslavia ◽  
Firing Squad ◽  
Muslim Men ◽  
The Hague

Dražen Erdemović, a lance corporal in the Bosnian Serb Army, admitted to killing ‘from 10 to 100’ Bosnian Muslim men by firing squad in July 1995, in and around the area of Srebrenica, during which process approximately 1,200 unarmed civilians were killed. He expressed a willingness to surrender to the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and was duly transferred to The Hague from the Federal Republic of Yugoslavia (FRY).

scholarly journals Przedterminowe zwolnienie z kary pozbawienia wolności skazanych za ludobójstwo, zbrodnie przeciwko ludzkości i wojenne na mocy orzeczeń międzynarodowych trybunałów karnych „ad hoc” oraz ich sukcesora w postaci Mechanizmu Rezydualnego ONZ

2021 ◽  
Vol 43 (3) ◽  
pp. 209-226
Author(s):  
Małgorzata Szwejkowska
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Armed Conflicts ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
Early Release ◽  
International Crimes ◽  
Domestic Law

In the last decade of the 20th century, a war in the former Yugoslavia broke out, once again making Europe a witness to an armed conflict. Almost at the same time, another local ethnic bloodshed started, but this time in distant Africa — in Rwanda. Both these events included the most horrifying international crimes against humanity: genocide and war crimes. To prosecute the most important commanding figures involved in these conflicts and hold them criminally responsible, two ad hoc United Nations tribunals were created: International Criminal Tribunal for the former Yugoslavia in Hague and International Criminal Tribunal for Rwanda in Arusha. They finished their operation in 2017 and 2015, respectively. The tasks of conducting and completing all ongoing proceedings, including law enforcement, after the completion of their mandates have been entrusted to the UN International Residual Mechanism. One of the crucial assignments of the tribunals and later the Redisual Mechanism was to deal with the request on behalf of the convicted for granting them early release. Although none of the statutes of the aforementioned courts provided any ground for early release, soon it was accepted that both tribunals, as well as their successor, were entitled to proceed despite this issue. As soon as in 2001, the first convict was granted early release, but with no conditions. It is estimated that, to date, more than 2/3 of all convicted by the Tribunals have been released before the termination of their sentence. This should raise the question of how to rehabilitate that kind of offender, convicted of genocide, war crimes, or crimes against humanity, to ensure they do not pose a threat to society anymore. Especially since the offenders serve their punishment outside the country of their origin — meaning, different rules apply according to the domestic law regulation of the state that voluntarily agreed to enforce the sentence. This article analyzes the juridical approach of the tribunals and the Residual Mechanism on the issue of early release of the convicts involved in the armed conflicts in the former Yugoslavia and Rwanda.

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