Icty Rules Of Procedure And Evidence Pdf

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Security Council 65th year : Add to List. Other titles. Security Council resolution [on establishment of the International Residual Mechanism for Criminal Tribunals with two branches and the adoption of the Statute of the Mechanism]. Action note

UN Documentation: International Law

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Rules of Procedure and Evidence

Article 1 Competence of the International Tribunal. The International Tribunal shall have the power to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since in accordance with the provisions of the present Statute. Article 2 Grave breaches of the Geneva Conventions of The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August , namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention:. Article 3 Violations of the laws or customs of war.

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RULES OF PROCEDURE AND EVIDENCE. (Adopted On 11 February ). (As Amended 5 May ). (As Further Amended 4 October ).


International Criminal Tribunal for the former Yugoslavia

As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY. It is an ad hoc tribunal that was rapidly configured in response to a specific need and with limited scope, time, and jurisdiction, and that has operated since its inception under intense pressure from the UN Security Council to work both efficiently and effectively to achieve goals set out in its mandate [ 13 ]. Since its creation, the Tribunal has indicted persons; at the time of writing, proceedings are concluded on of the Accused, and proceedings are ongoing for the remaining 14 cases [ 28 ]. This is not to say that the Tribunal has functioned entirely as envisioned; indeed its ongoing work is now being undertaken well beyond the initial timeframe.

Don't have an account? This chapter discusses the rules of procedure and evidence at the ICTY which have developed through experimentation and experience. By design or accident, the rules at the beginning of the ICTY left many questions unanswered and allowed for easy amendment. Over the years, judges have repeatedly amended the rules to reflect lessons learned along the way and to develop a procedure designed to address the particular challenges facing the ICTY.

From ‘Common Law’ Towards ‘Civil Law’: The Evolution of the ICTY Rules of Procedure and Evidence

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There are a wide variety of international courts and tribunals that have varying degrees of relation to the UN. These range from the ICJ, which is a principal organ of the organization; to the ad hoc criminal tribunals established by the Security Council; to the ICC and ITLOS, which were established by conventions drafted within the UN but which are now independent entities with special cooperation agreements. Other international courts may be completely independent of the UN. The International Criminal Court ICC is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes. The UN has been involved with several tribunals established to bring justice to victims of international crimes.

Accurate assessment of witness testimonies underpins judicial fact-finding at international criminal courts and tribunals ICCTs. However, the lack of formal assessment criteria and uncoordinated methods, coupled with advances in the scientific understanding of the psychology of witnessing, calls for a re-examination of the judicial practice. The analysis results in a consolidation of this ad hoc, constantly evolving jurisprudence, into a framework that has been in development since the s. The authors reflect upon the scientific validity of the criteria used throughout the analysis, based on up-to-date findings from psychology and criminology, and identify the areas that would most benefit from standardized procedures. It is no question that the judiciary faces many challenges that influence their ability to determine the facts, especially so when the evidence originates from human beings, providing their story in an unusually stressful environment.

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1 Comments

  1. Maipadigda1975 14.06.2021 at 08:20

    Legacy website of the International Criminal Tribunal for the former Yugoslavia. Since the ICTY's closure on 31 December , the Mechanism maintains this.