Int'l Military and Criminal Tribunals
- Created by: bethbladen96
- Created on: 17-05-19 14:01
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- International Military and Criminal Tribunals
- Hybrid Criminal Courts
- Special Court for Sierra Leone
- Charles Taylor (blood diamonds)
- Extraordinary Chambers in the Courts of Cambodia
- Problems w/ independence & impartiality
- 'War Crimes Chamber of State Court'
- Relevant for ICTY 'completion strategy
- Special Court for Lebanon
- terrorism (Hariri killing)
- Special Court for Sierra Leone
- International Criminal Court
- Statute adopted 1998
- 123 States parties
- Began July 2002
- No retroactivity
- Dependent upon state cooperation/ enforcement
- Adversarial system - x examination
- Courts can join for one case
- ICC Jurisdiction
- NOT universal -temporal
- Connected to member states
- Referred by State party (Article 14)
- UNSC can also refer under Chapt VII
- UNSC can suspend ICC
- Prosecutor can give out proprio motu. (own initiative)
- UNSC can also refer under Chapt VII
- Referred by State party (Article 14)
- Connected to member states
- NOT universal -temporal
- Article 17(3) - Unable
- Collapse/ unavailability judicial system
- 'Trigger mechanism'
- Art. 13 ICCSt
- A. State
- B. SC
- C. Prosecutor proprio motu.
- Article 15
- Danger of 'Kenneth Starr syndrome' - Clinton
- Prosecutor brings case independently
- Article 15
- C. Prosecutor proprio motu.
- State referrals
- First cases were
- DCR, Uganda, CAR, Mali
- First cases were
- B. SC
- Safeguards
- Art. 15(3) - reasonable basis to proceed
- Art. 15(3) - authorisation of pre - trial chamber
- Art. 18(1) - notification
- ICTY
- Resolution 827 (1993)
- After Soviet Union breakdown
- in The Hague
- 80,000 Bosnian men and boys - was it really genocide?
- Serve sentence elsewhere
- Tadic - what constitutes war crime
- Resolution 827 (1993)
- Hybrid Criminal Courts
- Extraordinary Chambers in the Courts of Cambodia
- Problems w/ independence & impartiality
- 'War Crimes Chamber of State Court'
- Relevant for ICTY 'completion strategy
- Special Court for Lebanon
- terrorism (Hariri killing)
- 18 judges
- Ad Hoc, Trial and Appeal levels
- International Criminal Court
- Statute adopted 1998
- 123 States parties
- Began July 2002
- No retroactivity
- Dependent upon state cooperation/ enforcement
- Adversarial system - x examination
- Courts can join for one case
- ICC Jurisdiction
- NOT universal -temporal
- Connected to member states
- Referred by State party (Article 14)
- UNSC can also refer under Chapt VII
- UNSC can suspend ICC
- Prosecutor can give out proprio motu. (own initiative)
- UNSC can also refer under Chapt VII
- Referred by State party (Article 14)
- Connected to member states
- NOT universal -temporal
- Article 17(3) - Unable
- Collapse/ unavailability judicial system
- 'Trigger mechanism'
- Art. 13 ICCSt
- A. State
- B. SC
- C. Prosecutor proprio motu.
- Article 15
- Danger of 'Kenneth Starr syndrome' - Clinton
- Prosecutor brings case independently
- Article 15
- C. Prosecutor proprio motu.
- State referrals
- First cases were
- DCR, Uganda, CAR, Mali
- First cases were
- B. SC
- Safeguards
- Art. 15(3) - reasonable basis to proceed
- Art. 15(3) - authorisation of pre - trial chamber
- Art. 18(1) - notification
- Article 17(2) - unwilling
- Shielding/ sham trial
- Delay
- Not independent/ impartial
- Delay
- Shielding/ sham trial
- Case has sufficient gravity
- Art. 53(1) - 'interests of justice'
- Art. 17(1) - State
- Nat. jurisdictions have to try first - threshold.
- State
- Unwilling/ unable
- ICC
- Deferral via UNSC
- ICC
- Complementarity scheme
- Unwilling/ unable
- UNSC
- 2 referrals
- Lybia
- 2 referrals
- Kenya
- Georgia - withdrawn
- Ivory Coast- acquittal
- Burundi -not State party
- Ivory Coast- acquittal
- Georgia - withdrawn
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