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E-raamat: Prosecution of International Crimes: A Critical Study of the International Tribunal for the Former Yugoslavia [Taylor & Francis e-raamat]

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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.
Editors' Preface vii
Part I: Introductory Remarks
Introduction
3(14)
Dusan Cotic
International Criminal Prosecution: The Precedent of Nuremberg Confirmed
17(12)
Christian Tomuschat
Toward International Criminal Justice
29(32)
Jules Deschenes
Part II: Fact-Finding
The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia
61(64)
M. Cherif Bassiouni
Part III: Establishment of the Tribunal
An International Criminal Tribunal: The Difficult Union of Principle and Politics
125(40)
Peter Burns
An Ad Hoc International Tribunal for the Prosecution of Serious Violations of International Humanitarian Law in the Former Yugoslavia
165(20)
Roman A. Kolodkin
Politics and the International Tribunal for the Former Yugoslavia
185(22)
David P. Forsythe
Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establishment of the International Tribunal for the Former Yugoslavia
207(30)
Julian J.E. Schutte
Part IV: Substantive and Procedural Issues
A Slovenian Perspective on the Statute and Rules of the International Tribunal for the Former Yugoslavia
237(20)
Pavel Dolenc
Rape and Other Forms of Sexual Assault in the Armed Conflict in the Former Yugoslavia: Legal, Procedural, and Evidentiary Issues
257(36)
C.P.M. Cleiren
M.E.M. Tijssen
Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia
293(50)
Daniel D. Ntanda Nsereko
Securing the Presence of Defendants before the International Tribunal for the Former Yugoslavia: Breaking with Extradition
343(140)
Kenneth S. Gallant
Part V: Appendixes
Appendix A: Security Council Resolutions 780, 808, and 827
377(8)
Appendix B: Report of the Secretary-General Pursuant to Paragraph 2 of Security Council Resolution 808 (including the Statute of the International Tribunal for the Former Yugoslavia)
385(54)
Appendix C: Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia
439(44)
Appendix D: Security Council Resolutions 935 and 955 (including the Statute of the International Tribunal for Rwanda)
483


Roger S. Clark is the former editor-in-chief of Criminal Law Forum and Board of Governors Professor of Law at Rutgers University in Camden. A New Zealander by birth, Professor Clark has taught international law and criminal law at Rutgers since 1972. Madeleine Sann holds degrees in anthropology and law and has been a member of the Pennsylvania bar since 1987. She has worked as a social science and legal editor for over twenty years.