NCJ Number
167001
Date Published
1995
Length
1224 pages
Annotation
These two volumes present the historical background and documents pertinent to the creation of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991.
Abstract
The authors were involved in the creation of the International Tribunal in their official positions at the United Nations and the United States Department of State. Volume 1 contains a detailed analysis of the provisions of the Statute of the International Tribunal and its Rules of Procedure and Evidence, taking into account existing international law and practice, the proposals submitted by States and organizations, and the views expressed by members of the United Nations Security Council in adopting the Statute. The International Tribunal is also placed in a historical context and its prospects for success assessed. The authors explore the policy considerations of various governments, the legal and political difficulties, the meaning of each phrase in the Statute, and the steps that were taken to guarantee fair trials for all of the accused. Contentious human rights issues, such as the possibility of trials in absentia or outlawing the death penalty, are explained to show the way in which important compromises were reached. Volume 1 includes descriptions and clarifications regarding the legal basis for the tribunal, the applicable laws, the crimes covered, the persons to be held accountable, the primacy of the tribunal over national courts, the organization and management of the tribunal, and the procedures needed to guarantee every accused a fair trial. The authors conclude that the International Tribunal meets the international standards for fair trial established at Nuremberg, as well as the human rights standards enunciated during the last half century. In a concluding statement the authors draw attention to the rare opportunity that now exists to turn injustice into justice by establishing a permanent international criminal tribunal to respond to the most serious violations that threaten international peace and security anywhere in the world. Volume 2 contains a collection of the key documents that trace the journey of the International Tribunal from idea to reality. A 350-item bibliography and a subject index