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Journal articles on the topic 'International Criminal Tribunals for Former Yugoslavia and Rwanda'
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1
Sluiter, Göran. "Case Analysis: To Cooperate or not to Cooperate?: The Case of the Failed Transfer of Ntakirutimana to the Rwanda Tribunal." Leiden Journal of International Law 11, no. 2 (June 1998): 383–95. http://dx.doi.org/10.1017/s0922156598000296.
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The relationship between national jurisdictions and the international criminal tribunals for the former Yugoslavia and Rwanda raises many problems. One of them concerns the surrender of indicted war criminals from national jurisdictions to the Ad Hoc Tribunals. Several obstacles stand in the way of effective surrender to the Ad Hoc Tribunals. This contribution focuses on the legal obstacles that may be encountered in this respect. By means of the case of the failed surrender of Ntakirutimana from the United States to the Rwanda Tribunal, it will be demonstrated that legal assistance to the Ad Hoc Tribunals is of a fundamental different nature than legal assistance offered to foreign tribunals.
2
Franceschet, Antonio. "The International Criminal Court's Provisional Authority to Coerce." Ethics & International Affairs 26, no. 1 (2012): 93–101. http://dx.doi.org/10.1017/s0892679412000056.
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The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.
3
Benvenisti, Eyal, and Sarah M. H. Nouwen. "Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice." AJIL Unbound 110 (2016): 205–8. http://dx.doi.org/10.1017/s239877230000903x.
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As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.
4
Askin, Kelly D. "Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status." American Journal of International Law 93, no. 1 (January 1999): 97–123. http://dx.doi.org/10.2307/2997957.
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The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tribunal authority to try defendants for crimes enunciated in Articles 2-4, namely, genocide, crimes against humanity, and violations of common Article 3 of the Geneva Conventions and of Additional Protocol II. Article 7, paragraphs (1) and (3) of the ICTY Statute and Article 6, paragraphs (1) and (3) of the ICTR Statute grant jurisdiction to these ad hoc Tribunals to try the accused for individual criminal responsibility on the bases of individual culpability and superior authority.
5
Rojo, Enrique Carnero, and Maria Nybondas. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 9 (December 2006): 311–61. http://dx.doi.org/10.1017/s1389135906003114.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
6
Guellai, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 10 (December 2007): 133–97. http://dx.doi.org/10.1017/s138913590700133x.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
7
Guellali, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 11 (December 2008): 255–372. http://dx.doi.org/10.1017/s1389135908002559.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
8
Turns, David, Carnero Rojo, Julieta Solano McCausland, and Aleks Bojovic. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 12 (December 2009): 233–62. http://dx.doi.org/10.1017/s1389135909000087.
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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.
9
Pocar, Fausto. "Criminal Proceedings before the International Criminal Tribunals for the Former Yugoslavia and Rwanda." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 89–102. http://dx.doi.org/10.1163/157180306777156934.
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AbstractThe ad hoc Criminal Tribunals have shown, by their case law, how practically to go about judicial enforcement of international humanitarian law at the international level and have guided the formation of other international and mixed criminal courts. Following the precedent set at the Nuremberg trials, the most important legacy of the ad hoc Tribunals has been the development and effective enforcement of the entire body of international humanitarian law put into place since the end of World War II, which seeks to maintain a proper balance between prosecuting individuals for grave breaches of international humanitarian law and upholding due process norms including protection of the rights of the accused. The path paved by the ad hoc Tribunals is crucial for the future regulation of the behaviour of States and individuals in times of conflict and has triggered increased attention to and enforcement of international humanitarian law in various other jurisdictions, including, in the first place, in the International Criminal Court. These are some of the author's conclusions following an analysis of the challenges faced by the ad hoc Tribunals.
10
Campbell, Kirsten. "Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice." AJIL Unbound 110 (2016): 227–33. http://dx.doi.org/10.1017/s2398772300009077.
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What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?
11
GALBRAITH, JEAN. "The Good Deeds of International Criminal Defendants." Leiden Journal of International Law 25, no. 3 (July 30, 2012): 799–813. http://dx.doi.org/10.1017/s0922156512000398.
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AbstractInternational criminal tribunals try defendants for horrific acts: genocide, war crimes, and crimes against humanity. At sentencing, however, evidence often arises of what I will call defendants’ ‘good deeds’ – humanitarian behaviour by the defendants towards those on the other side of the conflict that is conscientious relative to the culture in which the defendants are operating. This article examines the treatment of good deeds in the sentencing practices of the International Criminal Tribunal for the former Yugoslavia and International Criminal Tribunal for Rwanda. I show that the tribunals’ approaches are both undertheorized and internally inconsistent. I argue that the tribunals should draw upon the goals that underlie international criminal law in developing a coherent approach to considering good deeds for sentencing purposes.
12
Holá, Barbora, Catrien Bijleveld, and Alette Smeulers. "Consistency of international sentencing: ICTY and ICTR case study." European Journal of Criminology 9, no. 5 (September 2012): 539–52. http://dx.doi.org/10.1177/1477370812453112.
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The International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda are the first, post Cold War international criminal tribunals convicting perpetrators of genocide, crimes against humanity and war crimes. Their sentencing practice has been largely criticized as inconsistent. This quantitative study addresses the criticism and empirically investigates the consistency of international sentencing. The extent to which the selected factors predict sentence length is tested in a multiple regression analysis. The analysis suggests that similar, legally relevant patterns have emerged in the sentencing practice of both tribunals. Sentencing in international criminal practice does not appear to be less consistent than sentencing under domestic jurisdictions.
13
LaViolette, Nicole. "Commanding Rape: Sexual Violence, Command Responsibility, and the Prosecution of Superiors by the International Criminal Tribunals for the Former Yugoslavia and Rwanda." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 93–149. http://dx.doi.org/10.1017/s0069005800006895.
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SummaryEvidence indicates that individuals responsible for mass rapes in the former Yugoslavia and Rwanda were acting on orders from their superiors. The international criminal tribunals for the former Yugoslavia and for Rwanda have indicated their intention to prosecute individuals responsible for sexual violence and their superiors. The prosecution of superiors rests on the doctrine of command responsibility — a doctrine Well-established in international criminal law. This article presents the difficulties that arise in applying the doctrine of command responsibility to cases of wartime sexual assaults. Relying on a feminist analysis of international humanitarian law, the author identifies the imbalance that exists between the principle of military necessity and the principle of humanitarianism — an imbalance that makes rape the least condemned and punished of war crimes. In the absence of traditional military command structures, as was the case in Bosnia and Rwanda, a superior is well-placed to deny his authority over those who committed wartime rapes. Despite this challenge, the author asserts that the Tribunal for the former Yugoslavia, in theCelebicicase, developed a realistic approach to the doctrine of command responsibility and reasonably concluded that a camp commander was criminally responsible for rapes committed by his subordinates.
14
Mundis, Daryl A. "New Mechanisms for the Enforcement of International Humanitarian Law." American Journal of International Law 95, no. 4 (October 2001): 934–52. http://dx.doi.org/10.2307/2674654.
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The international criminal court (ICC) will serve as a permanent institution dedicated to the enforcement of international humanitarian law sixty days after the sixtieth state has deposited its instrument of ratification, acceptance, approval, or accession to the Treaty of Rome with the Secretary-General of the United Nations.1 Pursuant to Article 11 of the ICC Statute, however, the ICC will have jurisdiction only with respect to crimes committed after the treaty comes into force.2 Consequently, when faced with allegations of violations of international humanitarian law in the period prior to the establishment of the ICC, the international community has five options if criminal prosecutions are desired.3 First, additional ad hoc international tribunals, similar to those established for the former Yugoslavia (International Criminal Tribunal for the Former Yugoslavia, ICTY) and Rwanda (International Criminal Tribunal for Rwanda, ICTR) could be established.4 Second, "mixed" international criminal tribunals, which would share certain attributes with the ad hoc Tribunals, could be created.5 Third, the international community could leave the prosecution of alleged offenders to national authorities, provided that the domestic courts are functioning and able to conduct such trials. Fourth, in those instances where the national infrastructure has collapsed, international resources could be made available to assist with the prosecution of the alleged offenders in domestic courts. Finally, the international community could simply do nothing in the face of alleged violations of international humanitarian law.
15
Popko, V. "THE "HAGUE" MODIFICATION OF THE INTERNATIONAL CRIME CONCEPT." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 117 (2021): 66–74. http://dx.doi.org/10.17721/1728-2195/2021/2.117-13.
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The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability
16
Fazi, Muhammad Abdullah, Pardis Moslemzadeh Tehrani, Mian Waqar Ahmed, and Sardar Ali Shah. "Bangladesh's Approach towards International Criminal Law: A Case Study of International Crimes Tribunal Bangladesh." Journal of Politics and Law 12, no. 3 (August 14, 2019): 80. http://dx.doi.org/10.5539/jpl.v12n3p80.
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The International Crimes Tribunal Bangladesh that has been found by the Bangladeshi Government to try war crimes during India Pakistan war of 1971. The tribunal is violating the fair trial rights as guaranteed by Constitution, the International Covenant on Civil and Political Rights and International Humanitarian Law and the standard of the International Crimes Tribunal Bangladesh is far below than that setup by The International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court. These irregularities imply serious concern over the proceedings of the said tribunal. Study seeks to describe the International Law about war crimes particularly with respect to fair trial provisions and it compare the proceedings of the Bangladeshi tribunal with the other internationally recognized tribunals.
17
Mundis, Daryl A. "Improving the Operation and Functioning of the International Criminal Tribunals." American Journal of International Law 94, no. 4 (October 2000): 759–73. http://dx.doi.org/10.2307/2589804.
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Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.
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Karagiannakis, Magdalini. "Case Analysis: The Definition of Rape and Its Characterization as an Act of Genocide – A Review of the Jurisprudence of the International Criminal Tribunals for Rwanda and the Former Yugoslavia." Leiden Journal of International Law 12, no. 2 (June 1999): 479–90. http://dx.doi.org/10.1017/s0922156599000230.
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Despite the clear prohibition of rape by international law, no conventional or other international instrument defines this international crime or explains its relation to the international crime of genocide. This article reviews the recent precedent-setting judgments of the international criminal tribunals for the Former Yugoslavia and Rwanda which have sought to define rape in international law using different approaches. It also analyses the recent Akayesu Judgment of the Rwanda Tribunal. This is the first decision of an international tribunal to consider the question of whether rape can constitute genocide.
19
Luban, David. "Demystifying Political Violence: Some Bequests of ICTY and ICTR." AJIL Unbound 110 (2016): 251–57. http://dx.doi.org/10.1017/s2398772300009119.
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As Sara Kendall and Sarah M. H. Nouwen rightly notice, “legacy” is a big word, and it may be too soon even to begin to evaluate the legacies of the international criminal tribunals. Legacies are whatever future generations take from the tribunals. That, obviously, is in their hands, not the hands of the tribunals. So the question of legacies is more properly a question of bequests, and the inquiry must be a modest one: how do we evaluate the successes and failures of the tribunals in the here and now rather than the further future? Failures matter as well as successes, and as in science, failures can be as instructive and useful as successes. For example, many observers concluded that the tribunals, operating in The Hague and Arusha without an initial ground game in former Yugoslavia or Rwanda, were too far removed from the peoples who experienced the crimes; that perception helped motivate the movement toward hybrid tribunals. If that is right, the hybrid model counts amongthe “legacies” oftheInternational Criminal Tribunal for the Former Yugoslavia (ICTY)and the International Criminal Tribunal for Rwanda (ICTR), if only in the negative way that they exposed a problem the hybrids tried to remedy. As another example, Kendall and Nouwen remarkthat the impunity of the RPF has also become part of ICTR’s legacy. That too would be an instructive failure—instructive, in this case, as a foretaste of how difficult it is to prosecute cases against an intransigent government in power, a lesson that the International Criminal Court’s (ICC)troubles in Sudan and Kenya confirm.
20
SCHABAS, WILLIAM A. "The Special Tribunal for Lebanon: Is a ‘Tribunal of an International Character’ Equivalent to an ‘International Criminal Court’?" Leiden Journal of International Law 21, no. 2 (June 2008): 513–28. http://dx.doi.org/10.1017/s0922156508005074.
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AbstractThe Special Tribunal for Lebanon is the latest international criminal tribunal to be established by the United Nations. Similar in many respects to the earlier institutions – for the former Yugoslavia, Rwanda, and Sierra Leone – it stands alone in the fact that its subject-matter jurisdiction does not contain any international crimes. It is thus international in some respects, but it is arguably not an international criminal tribunal in the sense that was intended by the International Court of Justice in the Yerodia case. The drafting history of the Statute of the Special Tribunal is examined with a view to determining whether the new court should treat sovereign immunity in the same manner as the other three UN criminal tribunals.
21
Roberge, Marie-Claude. "Jurisdiction of the ad hoc Tribunals for the former Yugoslavia and Rwanda over crimes against humanity and genocide." International Review of the Red Cross 37, no. 321 (December 1997): 651–64. http://dx.doi.org/10.1017/s0020860400077743.
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The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were established on 11 February 1993 and 8 November 1994 respectively by the Security Council to prosecute persons responsible for flagrant violations of international humanitarian law. The aim of the Security Council was to put an end to such violations and to contribute to the restoration and maintenance of peace, and the establishment of the ad hoc tribunals undoubtedly represents a major step in that direction. Moreover, it sends a clear signal to the perpetrators and to the victims that such conduct will not be tolerated.
22
Welch, Tim, Martin Meenagh, and Yassim M'Boge. "WITNESS ANONYMITY AT THE INTERNATIONAL CRIMINAL COURT: DUE PROCESS FOR DEFENDANTS, WITNESSES OR BOTH?" Denning Law Journal 23, no. 1 (November 26, 2012): 29–46. http://dx.doi.org/10.5750/dlj.v23i1.363.
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The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.
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Irfan, Mohammad. "GENDER: INTEGRATING CRIMES AGAINST WOMEN INTO INTERNATIONAL CRIMINAL LAW." Jurnal Pembaharuan Hukum 5, no. 1 (April 1, 2018): 104. http://dx.doi.org/10.26532/jph.v5i1.2998.
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The author identifies the major goals and achievements in the area of recognizing women as full subjects of human rights and eliminating impunity for gender crimes, highlighting the role of non-governmental organizations ("NGO's"). Until the 1990s sexual violence in war was largely invisible, a point illustrated by examples of the "comfort women" in Japan during the 1930s and 1940s and the initial failure to prosecute rape and sexual violence in the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. Due in a significant measure to the interventions by NGOs, the ad hoc international criminal tribunals have brought gender into mainstream international jurisprudence. For example, the Yugoslavia tribunal has devoted substantial resources to the prosecution of rape and explicitly recognized rape as torture, while the Rwanda tribunal has recognized rape as an act of genocide. Elsewhere, the Statute of the International Criminal Court is a landmark in codifying not only crimes of sexual and gender violence as part of the ICC's jurisdiction, but also in establishing procedures to ensure that these crimes and their victims are properly treated. Working towards this end the Women's Caucus for Gender Justice met with significant opposition. It persisted because of the imperative that sexual violence be seen as part of already recognized forms of violence, such as torture and genocide.
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Tavernier, Paul. "The experience of the International Criminal Tribunals for the former Yugoslavia and for Rwanda." International Review of the Red Cross 37, no. 321 (December 1997): 605–21. http://dx.doi.org/10.1017/s0020860400077718.
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The ancient dream of international criminal jurisdiction is gradually becoming a reality. Article 227 of the 1919 Treaty of Versailles provided that German Emperor Wilhelm II should be tried by an international court to answer charges of “flagrant offences against international morality and the sacred authority of treaties”. But since the Netherlands refused to give up the accused, the trial never took place, and Wilhelm II died in exile in Holland in 1941. Articles 228 and 229 of the Treaty providing for the prosecution of war criminals were applied in a disappointing way in the Leipzig trial. The Nuremberg and Tokyo trials after the Second World War undeniably represented progress towards the creation of a body with truly international criminal jurisdiction, but they were greatly influenced by their origins and in effect applied the law and justice of the victors rather than those of the universal community of States.
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Goy, Barbara. "Individual Criminal Responsibility before the International Criminal Court." International Criminal Law Review 12, no. 1 (2012): 1–70. http://dx.doi.org/10.1163/157181212x616522.
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For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.
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Bagaric, Mirko, and John Morss. "International Sentencing Law: In Search of a Justification and Coherent Framework." International Criminal Law Review 6, no. 2 (2006): 191–255. http://dx.doi.org/10.1163/157181206778050688.
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AbstractAn international sentencing jurisprudence is emerging from the decisions by the International Criminal Tribunal for the Former Yugoslavia (ICTY or the Yugoslav tribunal) and the International Criminal Tribunal for Rwanda (ICTR or the Rwanda tribunal) (collectively, 'the tribunals'). This article examines international sentencing law and practice and discusses the justification for the practice. International sentencing law has several objectives. The main goals are reconciliation, deterrence, retribution and rehabilitation. The sentencing inquiry is marked by a high degree of discretion and has resulted in sentencers developing a large amount of aggravating and mitigating considerations, such as being in a position of authority, remorse and good character. It is argued that the current international sentencing approach is flawed – fundamentally so. Most of the stated goals of international sentencing in the form of reconciliation, retribution and rehabilitation are either highly speculative or misguided. The only justification for the practice is general deterrence. This is, however, significantly undermined by the selective and infrequent enforcement of crimes within the jurisdiction of such tribunals. The stated aggravated and mitigating considerations are not valid given that they are not justified by reference to the stated aims of sentencing and only serve to undermine the search for a penalty which is commensurate the serious of the offence. This article suggests a coherent framework for international sentencing policy and practice.
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Kama, Laïty. "Foreword by the President of the International Criminal Tribunal for Rwanda." International Review of the Red Cross 37, no. 321 (December 1997): 603–4. http://dx.doi.org/10.1017/s0020860400077706.
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The decision to devote an issue of the International Review of the Red Cross to a series of articles on the two ad hoc International Criminal Tribunals set up by the United Nations to prosecute persons responsible for serious violations of international humanitarian law in the former Yugoslavia and in Rwanda reflects the increasing importance of these courts both for the general public and for legal experts.
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Theofanis, Rosa. "The doctrine of Res Judicata in International Criminal Law." International Criminal Law Review 3, no. 3 (2003): 195–216. http://dx.doi.org/10.1163/157181203322599101.
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AbstractRes judicata is well-settled as a general principle of international law. But the rules of res judicata in international criminal procedure are undeveloped. Recent cases from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda have added to the understanding of res judicata in international law - demonstrating the risk that new rules of res judicata will implicitly incorporate either a common-law or civil-law definition of what the "law" is. Analysis of issues considered in recent Tribunal jurisprudence - particularly the questions of review and reconsideration - locates potential hazards in the development of the law and provides guidance for the application of the ICC statute.
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Henquet, Thomas. "Mandatory Compliance Powers vis-à-vis States by the Ad Hoc Tribunals and the International Criminal Court: A Comparative Analysis." Leiden Journal of International Law 12, no. 4 (December 1999): 969–99. http://dx.doi.org/10.1017/s0922156599000503.
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In the absence of police powers, the International Criminal Court, like the Tribunals for the former Yugoslavia and Rwanda, will depend on the co-operation of states in order to fulfil its mandate. Discussing the jurisprudence of the ad hoc Tribunals and the travaux préparatoires of the Rome treaty, the author compares the mandatory powers conferred on the respective institutions to this end. He concludes that the Security Council endowed the Tribunals with unequivocally binding powers, while under the Rome treaty regime, which resembles traditional inter-state co-operation in criminal matters, the ICC's powers are more limited and state obligations less stringent.
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Orentlicher, Diane. "Building Victim-Led Coalitions to Press for Justice Following Mass Atrocity." Proceedings of the ASIL Annual Meeting 112 (2018): 23–26. http://dx.doi.org/10.1017/amp.2018.7.
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Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. (The same holds true for the International Criminal Tribunal for Rwanda, established by the UN Security Council in 1994; in the interests of brevity, my remarks will focus on the ICTY.)
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Mutua, Makau. "The International Criminal Court: Promise and Politics." Proceedings of the ASIL Annual Meeting 109 (2015): 269–72. http://dx.doi.org/10.5305/procannmeetasil.109.2015.0269.
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The International Criminal Court (ICC or Court) is an institution born of necessity after a long and arduous process of many false starts. The struggle to establish a permanent international criminal tribunal stretches back to Nuremberg. The dream, which was especially poignant for the international criminal law community, for a permanent international criminal tribunal was realized with the adoption in 1998 of the Rome Statute of the International Criminal Court. The treaty entered into force in 2002. Those were heady days for advocates and scholars concerned with curtailing impunity. No one was more ecstatic about the realization of the ICC than civil society actors across the globe, and particularly in Africa, where impunity has been an endemic problem. Victims who had never received justice at home saw an opportunity for vindication abroad. This optimism in the ICC was partially driven by the successes, however mixed, of two prior ad hoc international criminal tribunals—the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.
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Chlevickaite, Gabriele, Barbora Hola, and Catrien Bijleveld. "Thousands on the stand: Exploring trends and patterns of international witnesses." Leiden Journal of International Law 32, no. 4 (September 2, 2019): 819–36. http://dx.doi.org/10.1017/s0922156519000396.
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AbstractThe international criminal courts and tribunals have heard thousands of witnesses in cases of extreme complexity and breadth. Their evidentiary record is overwhelming, with live witness testimony standing out as one of its defining features. Keeping in mind the arguments and policies of judicial efficiency and fairness, this article empirically examines the trends and patterns in viva voce witness numbers at the International Criminal Tribunal for the Former Yugoslavia (ICTY), for Rwanda (ICTR), and the International Criminal Court (ICC). We observe clear differences between institutions and individual cases, and discuss the underlying reasons for such divergences. As well as providing a general overview, we demonstrate the complex interaction between case-related characteristics, institutional and situational contexts, and the number of witnesses called at trial.
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La Rosa, Anne-Marie. "A tremendous challenge for the International Criminal Tribunals: reconciling the requirements of international humanitarian law with those of fair trial." International Review of the Red Cross 37, no. 321 (December 1997): 635–50. http://dx.doi.org/10.1017/s0020860400077731.
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The two International Criminal Tribunals set up by the United Nations Security Council in 19931 and 19942 are in the process of demonstrating that international repression of serious violations of international humanitarian law is no longer a purely theoretical concept. A total of 21 persons charged with or suspected of committing such breaches have been transferred to the seat of the Arusha Tribunal, and two judgments sentencing the defendants to prison terms have been handed down by the Hague Tribunal. The two Tribunals are competent to hear cases against persons allegedly responsible for serious violations of humanitarian law, but in so doing they are also required, under their respective Statutes, to ensure that the internationally recognized rules relating to the rights of the accused are fully respected at all stages of the proceedings. Article 20 of the Statute of the Tribunal for Rwanda and Article 21 of that of the Tribunal for the former Yugoslavia, modelled on Article 14 of the International Covenant on Civil and Political Rights, enumerate in detail the rights that must be accorded to every accused person.
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Chlevickaitė, Gabrielė, Barbora Holá, and Catrien Bijleveld. "Judicial Witness Assessments at the ICTY, ICTR and ICC." Journal of International Criminal Justice 18, no. 1 (March 1, 2020): 185–210. http://dx.doi.org/10.1093/jicj/mqaa002.
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Abstract 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. This study critically evaluates the state of the art of witness assessments at the International Criminal Tribunal for Rwanda (ICTR), International Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Court (ICC), based on all the trial judgments issued in 1996–2019. The analysis results in a consolidation of this ad hoc, constantly evolving jurisprudence, into a framework that has been in development since the 1990s. 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.
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Doherty, Joseph W., and Richard H. Steinberg. "Punishment and Policy in International Criminal Sentencing: An Empirical Study." American Journal of International Law 110, no. 1 (January 2016): 49–81. http://dx.doi.org/10.5305/amerjintelaw.110.1.0049.
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The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have sentenced over 130 perpetrators for genocide, crimes against humanity, grave breaches of the Geneva Conventions, or war crimes. Sentencing judgments discuss the factors considered by the judges and impose a term of imprisonment. We regressed the sentence length meted out for each perpetrator on the doctrinal factors said to explain the term of imprisonment and on other factors rumored to affect sentencing. We find that the gravity of the crime and aggravating factors declared by the Tribunals as sentencing factors are significantly related to sentence length but that the mitigating factors proclaimed by the tribunals—all but one of which are associated with diplomatic and policy objectives—are not significantly related to the term of imprisonment. We conclude that international criminal sentences prioritize punishment of the individual based on the seriousness of the crime over the other diplomatic and policy goals that the judges claim to be pursuing. We conjecture that this discrepancy is based on functional differences: the sentencing judgment discussion seeks to advance the many policy objectives of the Tribunals, while the declared term of imprisonment is largely an expressive act of retributive justice, which might also facilitate deterrence and reconciliation.
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Rodman, Kenneth A. "How Politics Shapes the Contributions of Justice: Lessons from the ICTY and the ICTR." AJIL Unbound 110 (2016): 234–39. http://dx.doi.org/10.1017/s2398772300009089.
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The International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) established a number of precedents in international criminal law, as detailed by Darryl Robinson and Gillian MacNeil.1 They also set the template for the International Criminal Court (ICC) and other tribunals as to how politics can both empower and constrain international prosecution and determine its potential contribution to peace.The lesson of the ICTY is that international criminal law can assist peace processes in an ongoing way if powerful states and international institutions complement it with coercive political strategies to weaken regimes or militias led by criminal spoilers to the point where their cooperation is not needed tonegotiate and maintain a peace settlement.The lesson of the ICTR is that the impact of international criminal law on consolidating peace is dependent upon the political agenda of the state on whose territory the crimes oc-curred and whose cooperation is needed for effective prosecution.Therefore, the contribution of prosecution to peace depends on whether the law is embedded in national and international political com-mitments that go beyond compliance with formal legal obligations and over which a tribunal has limited influence.
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Sluiter, Göran. "The Surrender of Ntakirutimana Revisited." Leiden Journal of International Law 13, no. 2 (June 2000): 459–66. http://dx.doi.org/10.1017/s0922156500000327.
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The surrender of Elizaphan Ntakirutimana, suspected of having committed genocide, to the Rwanda Tribunal has again been the object of litigation in the US. After his surrender had initially been denied, the Court of Appeals for the Fifth Circuit has certified his surrender. This decision raised certain questions. On the one hand, it is fortunate that Ntakirutimana will stand trial before the Rwanda Tribunal. However, the assistance of the US with respect to future surrender of war criminals indicted by the Tribunals for the former Yugoslavia and Rwanda is by no means certain yet. A concurring and dissenting opinion attached to the decision illustrate that US Judges are still not overly convinced of the constitutionality of the US method of implementing the obligations arising out of the creation of these ad hoc Tribunals.
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Bazov, Olexandr. "Questions of the Legal Status of a Kosovo Specialist Chambers and Specialist Prosecutor’s Office." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 433–40. http://dx.doi.org/10.36695/2219-5521.2.2020.85.
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In the current conditions of the active development of the international criminal justice system from the Nuremberg and TokyoWar Crimes Tribunals, and after – the International Criminal Tribunals for the former Yugoslavia and for Rwanda, international criminaljudicial authorities of the so-called «new wave» or «third generation» are in the field of view of the science of international law, thestudy of the legal and institutional foundations of which represents significant scientific and practical interest.
The legal and institutional foundations of the activities of a Special Court in Kosovo (the name also used to denote the KosovoSpecialist Chambers and Specialist Prosecutor’s Office) in the science of international law, in our opinion, has not sufficiently studied.We believe that this is due both to the fact that this Court, as new type of international criminal justice, was created recently, aswell as to the insignificant and contradictory practice of its judicial activity.Considering the foregoing, the aim of the article is to study the legal and institutional foundations and activities of a Special Courtto investigate war and other international crimes that were committed on the territory of Kosovo and which occupies a special place inthe international criminal justice system, given the specific features of its creation and activities, the formations of its international andnational components.The scientific novelty of the research results is that a comprehensive study of the legal and institutional foundations of the creationand activities of the Court, in Ukraine is being done for the first time.As the same time, during the scientific study, it was taken into account that this Court was created with the active participationof the United Nations, the Council of Europe, the European Union and also individual countries, as well as Kosovo in ordered to pro -secute for the commission of international crimes during the armed conflict in the territory of the former Yugoslavia, the «winners» –the former leaders of the Kosovo Liberation Army (UÇK), who were never prosecuted for their commissions of international crimesduring the activities of the International Criminal Tribunal for the former Yugoslavia (ICTY).
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Barrow, Amy. "UN Security Council Resolutions 1325 and 1820: constructing gender in armed conflict and international humanitarian law." International Review of the Red Cross 92, no. 877 (March 2010): 221–34. http://dx.doi.org/10.1017/s1816383110000081.
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AbstractWhile the Geneva Conventions contain gender-specific provisions, the reality of women's and men's experiences of armed conflict have highlighted gender limitations and conceptual constraints within international humanitarian law. Judgements at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) ad hoc tribunals have gone some way towards expanding the scope of definitions of sexual violence and rape in conflict. More recent developments in public international law, including the adoption of Security Council Resolutions 1325 and 1820 focused on women, peace and security, have sought to increase the visibility of gender in situations of armed conflict. This paper highlights important developing norms on women, peace and security. Although these norms are significant, they may not be radical enough to expand constructions of gender within international humanitarian law. This leaves existing provisions open to continued scrutiny.
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Tortora, Giorgia. "The Financing of the Special Tribunals for Sierra Leone, Cambodia and Lebanon." International Criminal Law Review 13, no. 1 (2013): 93–124. http://dx.doi.org/10.1163/15718123-01301012.
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The establishment of the hybrid tribunals in Sierra Leone, Cambodia and Lebanon reflected the dissatisfaction of the international community with the criminal tribunals for the Former Yugoslavia and Rwanda. It also represented the attempt to find new models of criminal accountability which could shorten the duration of judicial proceedings, and ensure greater impact on the local societies and greater financial efficiency. This article will provide an overview of how states’ opposition to the ICTs model shaped the decision making process on the final financial and administrative arrangements of the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. It will also highlight the particular financial and administrative features of each of these institutions. Finally, the article will review the financial support received by the hybrid tribunals so far and the specific measures adopted to address recurring funding shortages.
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Robinson, Darryl, and Gillian MacNeil. "The Tribunals and the Renaissance of International Criminal Law: Three Themes." American Journal of International Law 110, no. 2 (April 2016): 191–211. http://dx.doi.org/10.5305/amerjintelaw.110.2.0191.
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We are delighted to participate in this symposium on the legacy of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda (Tribunals; respectively, ICTY and ICTR). We have been asked to offer reflections on the Tribunals’ impact on substantive international criminal law (ICL)—in particular, the definitions of crimes and the modes of liability. Given the enormity of the topic, we can offer only a cursory and impressionist sketch of the terrain, and draw attention to a few intriguing features along the way. We will not attempt to survey the Tribunals’ jurisprudence or the related academic literature. Instead, our aim is simply to highlight three themes underlying the Tribunals’ elaboration of substantive legal standards. For the nonspecialist, this sketch may provide a helpful overview of the evolution of ICL. For the specialist, this sketch may bring into slightly sharper relief some underlying patterns in the Tribunals’ work. We will also offer some broader thoughts about the Tribunals in the overall arc of ICL, and how their structure and priorities have left a lasting, distinctive imprimatur on ICL.
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Garkawe, Sam. "Victims and the International Criminal Court: Three major issues." International Criminal Law Review 3, no. 4 (2003): 345–67. http://dx.doi.org/10.1163/157181203322584350.
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AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?
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Olusanya, Olaoluwa. "The Statute of the Iraqi Special Tribunal for Crimes Against Humanity– Progressive or Regressive?" German Law Journal 5, no. 7 (July 1, 2004): 859–78. http://dx.doi.org/10.1017/s207183220001289x.
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The global effort to establish an effective system of international justice is at an important phase in its history. After close to 50 years of relative stagnation following the Nuremberg trials at the end of World War II, the field of international criminal law has been revitalised. The establishment of the International Criminal Court, the ad hoc tribunals for the former Yugoslavia and for Rwanda, “hybrid” or “internationalised” processes such as the Special Court in Sierra Leone, and national criminal justice systems exercising universal jurisdiction, have all lent substance and credibility to the assertion that the most grievous human rights crimes are subject to international scrutiny and legal action.
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Bílková, Veronika. "Divided We Stand? The AD HOC Tribunals and the CEE Region." AJIL Unbound 110 (2016): 240–44. http://dx.doi.org/10.1017/s2398772300009090.
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After WWII, countries of Central and Eastern Europe (CEE) actively backed the establishment of the military tribunals in Nuremberg and Tokyo. In the early 1990s, when the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR) were created by the UN Security Council, the CEE countries again lent uniform, albeit largely rhetorical support to these institutions. A quarter of a century later, this uniformity seems to be gone. While the CEE countries continue to express belief in international criminal justice, they no longer agree with each other on whether this justice has actually been served by the ad hoctribunals. The diverging views on the achievements of the ICTY and ICTR might also partly account for the differences in the approach to the permanent International Criminal Court (ICC), though the grounds for these differences are more complex.
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Klip, André. "Enforcement of Sanctions Imposed by the International Criminal Tribunals for Rwanda and the Former Yugoslavia." European Journal of Crime, Criminal Law and Criminal Justice 5, no. 2 (1997): 144–64. http://dx.doi.org/10.1163/157181797x00491.
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Wilson, Gary. "William A. Schabas: The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone." Liverpool Law Review 29, no. 3 (November 2008): 345–48. http://dx.doi.org/10.1007/s10991-008-9049-2.
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KELSALL, TIM. "Politics, anti-politics, international justice: language and power in the Special Court for Sierra Leone." Review of International Studies 32, no. 4 (October 2006): 587–602. http://dx.doi.org/10.1017/s0260210506007170.
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The Special Court for Sierra Leone (SCSL) is located in a fortified compound in central Freetown. Inside its militarised space a project of global significance is unfolding. Together with the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court, the SCSL is an experiment in bringing the rule of international law and governance to regions recently destabilised by war and conflict.
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Rudolph, Christopher. "Constructing an Atrocities Regime: The Politics of War Crimes Tribunals." International Organization 55, no. 3 (2001): 655–91. http://dx.doi.org/10.1162/00208180152507588.
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From the notorious “killing fields” of Cambodia to programs of “ethnic cleansing” in the former Yugoslavia and Rwanda, the grizzly nature of ethnic and identity-centered conflict incites horror, outrage, and a human desire for justice. While the drive to humanize warfare can be traced to the writing of Hugo Grotius, current efforts to establish an atrocities regime are unparalleled in modern history. Combining approaches in international relations theory and international law, I examine the role political factors (norms, power and interests, institutions) and legal factors (precedent and procedure) play in the development of an atrocities regime. International tribunals have convicted generally low-level war criminals in both Rwanda and the former Yugoslavia, but they have had much more limited success in achieving their more expansive goals—deterring atrocities and fostering national reconciliation in regions fraught with ethnic violence. This analysis reveals additional institutional modifications needed to construct a more effective regime and highlights the importance of placing this new regime within a comprehensive international strategy of conflict management.
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Jia, Bing Bing. "The Legacy of the ICTY and ICTR in China." AJIL Unbound 110 (2016): 245–50. http://dx.doi.org/10.1017/s2398772300009107.
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Legacy is a matter that may become topical when its creator finally stops producing. Normally, the silent years would be many before the thought of legacy enters into open, formal discourse among lawyers and decision-makers. This comment treats the meaning of the word as relative to the circumstances in which it is invoked. The more closely it is used in relation to the present, the more distant it drifts from its literal meaning, to the extent that it denotes what the word “impact” signifies. This essay questions whether the word “legacy” is apt in describing the footprint of the work of the two ad hoctribunals in China, where its influence has, as a matter of fact, been waning ever since the adoption of the Rome Statute of the International Criminal Court in 1998 (“Rome Statute” ). The Chinese example suggests that the work of the tribunals is (at least so far) no more significant to international criminal law than the illustrious Nuremberg and Tokyo Trials of the 1940s. The most major impact (a more apposite term than legacy) of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda (ICTR) for China may be that China’s policy with regard to the tribunals, manifested mostly in the United Nations, has determined its approach to the International Criminal Court (“ICC” ). For that, the work of the tribunals could be considered as having left China something in the nature of an indirect legacy.
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Beresford, Stuart, and Hafida Lahiouel. "The Right to be Defended in Person or Through Legal Assistance and the International Criminal Court." Leiden Journal of International Law 13, no. 4 (December 2000): 949–84. http://dx.doi.org/10.1017/s0922156500000558.
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While the Statute of the International Criminal Court guarantees to suspects and accused the right to be defended in person or through legal assistance, it contains little guidance as to the extent to which this most fundamental right will be provided. In order to ascertain how broadly it should be applied, the authors examine the application of the right by the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The authors note that the defence-orientated approach taken by the ad hoc Tribunals to the right to be defended in person or through legal assistance not only conforms with international obligations, but also in many respects goes beyond that required by international human rights law. It is, therefore, crucial that the ICC listens to the experience of the ad hoc Tribunals and adopts similar, if not identical, rules and regulations relating to the qualifications, conduct and assignment of counsel.