NCJ Number
164889
Date Published
1996
Length
1125 pages
Annotation
This volume details the history and legal issues related to the establishment of an international criminal court to address human rights violations and other crimes in the former Yugoslavia in the 1990's; the author was involved in a commission and other aspects of the process that led to the formation of the tribunal.
Abstract
The text presents the early history of the region, as well as discussions of the Balkan wars, the First and Second World Wars, and the post-war years. The current conflict is described in terms of the warring factions, paramilitary groups, ethnic cleansing, the use of rape and sexual assault as an instrument of war, mass graves, the shelling of cities, prison camps, and the prevention of delivery of humanitarian aid. The legislative history of the tribunal, its establishment, the role of the United Nations Security Council, and the characteristics of the statute are examined. Further chapters focus on the legal principles involved, the tribunal's jurisdiction under the statute, the characterization of the conflict, the substantive law of the tribunal, sanctions, rules of detention, enforcement methods, organization of the tribunal, and tribunal proceedings. Footnotes; appended background materials; lists of cases, international agreements, and United Nations documents; index; and 50 references