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NCJ Number: 164874 Find in a Library
Title: Comparing the Ad Hoc Tribunal for Crimes Against Humanitarian Law in the Former Yugoslavia and the Project for an International Criminal Court, Prepared by the International Law Commission
Journal: International Review of Penal Law  Volume:67  Dated:(1996)  Pages:139-208
Author(s): C L Blakesley
Date Published: 1996
Page Count: 70
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: France
Annotation: This article compares the content and policy issues involved in two international laws to address war crimes and other human rights; one statute deals with human rights violations in the former Yugoslavia and the other with the creation of an international criminal court.
Abstract: The discussion compares the Statutes of the Ad Hoc Tribunal to Prosecute Persons for Serious Violations of International Humanitarian law in the Territory of the Former Yugoslavia and that of the International Law Commission for the Creation of an International Criminal Court. Both statutes try to combine essential aspects of the adversarial or common law system and the civilian and inquisitorial systems. The analysis concludes that the attempts to protect and enforce human rights through the prosecution of those who commit serious violations of humanitarian law are important and laudable. The success of the tribunals and the viability of both peace and justice depend on promulgation, interpretation, supplementation, application, and enforcement. The Ad Hoc Tribunals for the former Yugoslavia and for Rwanda and the proposed International Law Commission draft statute fall short of these goals, but they can and should be modified in ways to make them functional. Footnotes
Main Term(s): Felony courts
Index Term(s): Abuse of authority; Foreign courts; Human rights violations; International law; Jurisdiction; United Nations (UN); Yugoslavia
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