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Draft Statute International Tribunal

NCJ Number
150979
Author(s)
M C Bassiouni
Date Published
1993
Length
384 pages
Annotation
This publication presents background information and a revised and updated statute for the establishment of an international tribunal.
Abstract
A preface and introduction trace the 100-year history of efforts to establish a permanent international criminal court, with emphasis on developments since World War II. After the Nuremberg and Tokyo military tribunals, the United States developed drafts for an international criminal court. However, the Cold War that followed World War II made it impossible for any renewed efforts to establish an international criminal court. Despite the recent end of this era and increased government interest in cooperation in crime prevention and law enforcement, politically motivated opposition and lack of vision among political and government leaders continue to impede the realization of such a court. The revised draft statute takes into account the expectations and concerns of those who seek to have a court with exclusive jurisdiction over a wide variety of international crimes and those who would at best accept a court with concurrent jurisdiction over a limited number of crimes. The statute includes definitions, general provisions regarding the court's purpose and nature, components of the tribunal, procedures and rules, penal processes, institutional matters, judicial assistance and other forms of international cooperation, basic principles of fairness, and general treaty provisions. Footnotes

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