The Backlog Of Core International Crimes Case Files In Bosnia And Herzegovina PDF Download

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The Backlog of Core International Crimes Case Files in Bosnia and Herzegovina

The Backlog of Core International Crimes Case Files in Bosnia and Herzegovina
Author: Morten Bergsmo Et Al.
Publisher: Torkel Opsahl Academic Epublisher
Total Pages: 234
Release: 2010
Genre: Crimes against humanity
ISBN: 9788293081043

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This book seeks to make a contribution to the debate on what should be done with the large backlog of war crimes, crimes against humanity and genocide cases in Bosnia and Herzegovina. The paper makes four contributions which the authors consider important elements in the discussion on the responsible management of the backlog of case files: a) basic information on the nature of the war crimes machinery established in Bosnia and Herzegovina; b) its economy; c) an analysis of the requirements of a proper inventory of open war crimes files in the criminal justice system of Bosnia and Herzegovina; and (d) an analysis of criteria for selection and prioritization of war crimes cases. A generic model for the effective mapping of open war crimes files is developed. The analysis of case selection and prioritization criteria compares practise in Bosnia and Herzegovina with that of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Court. It suggests four clusters of key criteria.


Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes

Complementarity and the Exercise of Universal Jurisdiction for Core International Crimes
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 314
Release: 2010-08-01
Genre: Law
ISBN: 8293081147

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This book concerns the relationship between the principles of complementarity and universal jurisdiction. Territorial States are normally affected most strongly by core international crimes committed during a conflict or an attack directed against its civilian population. Most victims reside in such States. Most damaged or plundered property is there. Public order and security are violated most severely in the territorial States. It is also on their territory that most of the evidence of the alleged crimes can be found. There are, in other words, obvious policy and practical reasons why States should accord priority to territoriality as a basis of jurisdiction. But is there also an obligation for States to defer exercise of universal jurisdiction of core international crimes to investigation and prosecution of the same crimes by the territorial State? What - if any - is the impact of the principle of complementarity in this respect? These are among the questions discussed in this anthology.


Prosecuting War Crimes

Prosecuting War Crimes
Author: James Gow
Publisher: Routledge
Total Pages: 286
Release: 2013-09-23
Genre: Law
ISBN: 113461084X

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This volume examines the legacy of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was created under Chapter VII of the UN Charter as a mechanism explicitly aimed at the restoration and maintenance of international peace and security. As the ICTY has now entered its twentieth year, this volume reflects on the record and practices of the Tribunal. Since it was established, it has had enormous impact on the procedural, jurisprudential and institutional development of international criminal law, as well as the international criminal justice project. This will be its international legacy, but its legacy in the region where the crimes under its jurisdiction took place is less clear; research has shown that reactions to the ICTY have been mixed among the communities most affected by its work. Bringing together a range of key thinkers in the field, Prosecuting War Crimes explores these findings and discusses why many feel that the ICTY has failed to fully engage with people’s experiences and meet their expectations. This book will be of much interest to students of war crimes, international criminal law, Central and East European politics, human rights, and peace and conflict studies.


International Criminal Procedure

International Criminal Procedure
Author: Göran Sluiter
Publisher: OUP Oxford
Total Pages: 1720
Release: 2013-03-21
Genre: Law
ISBN: 0191632600

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International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.