The Practice of the International Criminal Tribunals for the Former Yugoslavia and Rwanda

Overview

This book is an indepth guide to the case law of both the ICTFY and the ICTR. The cases, arranged according to the relevant provisions of the Statute and Rules of Procedure and Evidence, are each presented with commentary followed by extracts from the Tribunals' decisions. Rules that have been amended are noted with dates and the reason for amendment. With copious material of the two tribunals organized in a manageable way for quick reference, this book is a wholly original ...
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Overview

This book is an indepth guide to the case law of both the ICTFY and the ICTR. The cases, arranged according to the relevant provisions of the Statute and Rules of Procedure and Evidence, are each presented with commentary followed by extracts from the Tribunals' decisions. Rules that have been amended are noted with dates and the reason for amendment. With copious material of the two tribunals organized in a manageable way for quick reference, this book is a wholly original contribution to the field of international criminal law.

Author Bio:Mr. Jones is a practicing attorney with White & Case, Paris.

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Editorial Reviews

Booknews
Paris-based attorney Jones served a seven-month stint as legal officer to the Rwanda Tribunals since the first edition was published in 1998. He includes much more detail here about the workings of the two ad-hoc tribunals established respectively in 1993 and 1994, and suggests how a permanent tribunal might behave. He includes a brief summary of final judgements delivered by the Chambers, the status of cases pending before the Trial and Appeals Chambers, and a subject index. He treats the Statutes and Rules of Procedure and evidence of each tribunal in separate parts, with commentary on each article and rule, and includes cross-references to the Statute of the International Criminal Court, signed in Rome in July 1998, subsequent to the first edition. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781571051240
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 11/1/1999
  • Edition description: 2ND
  • Edition number: 2
  • Pages: 690

Table of Contents

Introduction xvii
User's Guide xix
Index to Judges and Chambers xxi
Update xxiii
Part 1 ICTY and ICTR Trials
Trials of the International Criminal Tribunal for the former Yugoslavia 3
Trials of the International Criminal Tribunal for Rwanda 25
Part 2 The International Criminal Tribunal for the Former Yugoslavia
Statute of the International Tribunal 40
Article 1 Competence of the International Tribunal 43
Article 2 Grave breaches of the Geneva Conventions of 1949 50
Article 3 Violations of the laws or customs of war 86
Article 4 Genocide 98
Article 5 Crimes against humanity 103
Article 6 Personal jurisdiction 121
Article 7 Individual criminal responsibility 122
Article 8 Territorial and temporal jurisdiction 148
Article 9 Concurrent jurisdiction 150
Article 10 Non-bis-in-idem 151
Article 11 Organization of the International Tribunal 154
Article 12 Composition of the Chambers 156
Article 13 Qualifications and election of judges 157
Article 14 Officers and members of the Chambers 160
Article 15 Rules of procedure and evidence 163
Article 16 The Prosecutor 164
Article 17 The Registry 166
Article 18 Investigation and preparation of indictment 167
Article 19 Review of the Indictment 172
Article 20 Commencement and conduct of trial proceedings 174
Article 21 Rights of the accused 178
Article 22 Protection of victims and witnesses 186
Article 23 Judgement 187
Article 24 Penalties 187
Article 25 Appellate Proceedings 195
Article 26 Review Proceedings 197
Article 27 Enforcement of sentences 197
Article 28 Pardon or commutation of sentences 198
Article 29 Cooperation and judicial assistance 198
Article 30 The status, privileges and immunities of the International Tribunal 202
Article 31 Seat of the International Tribunal 203
Article 32 Expenses of the International Tribunal 203
Article 33 Working languages 203
Article 34 Annual report 204
The Rules of procedure and Evidence of the International Criminal Tribunal For the Former Yugoslavia
Rule Contents 209
General Provisions 215
Primacy of the Tribunal 227
Organization of the Tribunal 237
Investigations and Rights of Suspects 253
Pre-Trial Proceedings 265
Proceedings Before Trial Chambers 381
Appellate Proceedings 447
Review Proceedings 455
Pardon and Commutation of Sentence 457
Time 459
Part 3 The International Criminal Tribunal for Rwanda
Statute of the International Criminal Tribunal for Rwanda 465
Article 1 Competence of the International Tribunal 474
Article 2 Genocide 476
Article 3 Crimes against humanity 490
Article 4 Violations of Article 3 common to the Geneva Conventions and of Additional Protocol II 494
Article 5 Personal jurisdiction 500
Article 6 Individual criminal responsibility 501
Article 7 Territorial and temporal jurisdiction 502
Article 8 Concurrent jurisdiction 502
Article 9 Non-bis-in-idem 504
Article 10 Organization of the International Tribunal 505
Article 11 Composition of the Chambers 505
Article 12 Qualifications and election of judges 506
Article 13 Officers and members of the Chambers 509
Article 14 Rules of procedure and evidence 509
Article 15 The Prosecutor 509
Article 16 The Registry 511
Article 17 Investigation and preparation of indictment 511
Article 18 Review of the indictment 513
Article 19 Commencement and conduct of trial proceedings 514
Article 20 Rights of the accused 518
Article 21 Protection of victims and witnesses 523
Article 22 Judgment 523
Article 23 Penalties 524
Article 24 Appellate proceedings 527
Article 25 Review proceedings 528
Article 26 Enforcement of sentences 529
Article 27 Pardon or commutation of sentences 529
Article 28 Cooperation and judicial assistance 530
Article 29 The status, privileges and immunities of the International Tribunal 531
Article 30 Expenses of the International Tribunal 531
Article 31 Working languages 532
Article 32 Annual report 532
The Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda
Rule Contents 535
General Provisions 541
Primacy of the Tribunal 547
Organization of the Tribunal 551
Investigations and Rights of Suspects 561
Pre-Trial Proceedings 573
Proceedings Before Trial Chambers 611
Appellate Proceedings 637
Review Proceedings 641
Pardon and Commutation of Sentence 643
Select Bibliography 645
Index 657
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