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On the 25th of May 1993 the United Nations Security Council decided 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 text provides an examination of the ICTY.
3.1 The Tokyo Charter
This book brings together for the first time a comprehensive documentary record of the crisis in the former Yugoslavia, tracing the responses both of the United Nations and regional organisations. Many of the documents reproduced are otherwise inaccessible. This volume contains all relevant UN Security Council Resolutions and Presidential Statements together with the records of the debates leading to their adoption; reports on the crisis compiled by the UN Secretary-General; and extracts from decisions and debates in the UN General Assembly. The efforts of regional organisations are reflected in general documents from, amongst others, the EC, NATO, the Western European Union, the Conference on Security and Cooperation in Europe, the Organisation of the Islamic Conference, and the Non-Aligned Movement.
"In The Right to Appeal in International Criminal Law Dražan Djukić describes appeal proceedings in international criminal law and evaluates them against human rights benchmarks. While international criminal courts and tribunals mainly comply with these benchmarks, they have fallen short in certain important areas. Despite their importance to the legal process, appeal proceedings tend to receive limited attention. On the basis of benchmarks arising from international human rights law, Dražan Djukić systematically assesses the law and practice concerning appeal proceedings in international criminal law"--
Offers an original framework to identify prohibited 'uses of force' under article 2(4) UN Charter and customary international law.
This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’ own interpretation and application of human rights norms. First, the book addresses whether and how ICTs are bound by human rights law, since unlike states, they do not sign or ratify human rights conventions. Second, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection. Addressing the ICTs’ possible leeway in terms of contextualization, this book contributes to the broader debates about adherence to human rights norms in international law. Krit Zeegers is an Associate at Allen & Overy LLP, Amsterdam, and previously worked as a researcher / junior lecturer at the University of Amsterdam.