The prosecution of international crimes : [a critical study of the International Tribunal for the Former Yugoslavia

The post-World War Two period has witnessed numerous armed conflicts characterized by extensive violations of relevant obligatory international norms. Responding to these events, the United Nations General Assembly created a per­manent international court in 2003, with jurisdiction over selected international crimes. The International Tribunal for the Former Yugoslavia was a precursor to this permanent court. It was established for the purpose of "prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia." As a precedent for what we may expect in the future, it deserves special attention from a historical, politi­cal, and especially an international law point of view. The Prosecution of International Crimes comprehensively examines the creation, mandate, and challenges of the Inter­national Tribunal for the Former Yugoslavia. Derived from a special issue of Criminal Law Forum: An International Journal, a peer-review journal dedicated to the advance­ment of criminal law theory, practice, and reform through­out the world, it is now available in paperback. Contents 6 Editors' Preface 8 I Introductory Remarks 14 Introduction* 16 1 International Criminal Prosecution 30 2 Toward International Criminal Justice 42 II Fact-Finding 72 3 The Commission of Experts Established pursuant to Security Council Resolution 780 74 III Establishment of the Tribunal 136 4. An International Crim inal Tribunal 138 5. An Ad Hoc International Tribunal for the Prosecution o f Serious Violations o f International Humanitarian Law in the Former Yugoslavia 178 6. Politics and the International Tribunal for the Former Yugoslavia* 198 7. Legal and Practical Implications, from the Perspective o f the Host Country, Relating to the Establishment of the International 220 IV Substantive and Procedural Issues 248 8. A Slovenian Perspective on the Statute and Rules o f the International Tribunal for the Former Yugoslavia* 250 9. Rape and Other Forms o f Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issue 270 10. Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia* 306 11. Securing the Presence of Defendants before the International Tribunal for the Former Yugoslavia: Breaking with Extradition* 356 V Appendixes 388 Appendix A 390 Appendix B 398 Appendix C 452 Appendix D 496 The,prosecution,of,international,crimes