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Books > Law > International law > Public international law > Treaties & other sources of international law
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The International Criminal Tribunal for the Former Yugoslavia - An Exercise in Law, Politics, and Diplomacy (Hardcover)
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The International Criminal Tribunal for the Former Yugoslavia - An Exercise in Law, Politics, and Diplomacy (Hardcover)
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On 25 May 1993 the United Nations Security Council took the
extraordinary and unprecedented step of deciding to establish the
International Criminal Tribunal for the Former Yugoslavia (ICTY) as
a mechanism for the restoration and maintenance of international
peace and security. This was an extremely significant innovation in
the use of mandatory enforcement powers by the Security Council,
and the manifestation of an explicit link between peace and justice
--politics and law.
The establishment of ad hoc tribunals for the former Yugoslavia and
Rwanda was followed by the adoption of the Rome Statute of the ICC
in July 1998, the arrest of General Augusto Pinochet in London in
October 1998, and the establishment of ad hoc tribunals in
Cambodia, Sierra Leone, and East Timor, all of which pointed to an
emerging norm of international criminal justice. The key to
understanding this is the relationship between the political
mandate and the judicial function. The Tribunal was established as
a tool of politics, but it was a judicial, not a political tool.
This book provides a systematic examination of the Tribunal, what
it is, why it was established, how it functions, and where its
significance lies. The central question is whether an international
judicial institution, such as the Tribunal, can operate in a highly
politicized context and fulfill an explicit political purpose,
without the judicial process becoming politicized. Separate
chapters chart the origins of the court, the process of
establishment, jurisdiction, procedure, state co-operation,
including obtaining custody of accused, and the role and function
of the Chief Prosecutor. This last element is the key to the
Tribunal's success in maintaining a delicate balancing act so that
its external political function does not impinge on its impartial
judicial status, and instead enhances its effectiveness. The book
concludes with an assessment of the conduct of the Milosevic case
to date.
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