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32. Justice Beyond The Hague: Supporting the Prosecution of International Crimes in National Courts
- Author:
- David A. Kaye
- Publication Date:
- 06-2011
- Content Type:
- Working Paper
- Institution:
- Council on Foreign Relations
- Abstract:
- For nearly two decades, the United Nations has created international criminal tribunals to punish those responsible for war crimes, crimes against humanity, and genocide. Since the early 1990s the United States has strongly supported the UN tribunals for Rwanda and the former Yugoslavia and hybrid UN/national courts for Sierra Leone and Cambodia. The era of court-building culminated in the 1998 adoption, over U.S. objections, of a treaty to establish a permanent International Criminal Court (ICC) in The Hague. These international courts have brought dozens of perpetrators to justice, and the UN Security Council's requests that the ICC investigate the situations in Sudan (2005) and Libya (2011) show that policymakers across the spectrum, in the United States and abroad, believe that accountability-that is, bringing individuals to justice for committing atrocities-can be an important tool to combat war crimes, crimes against humanity, and genocide. Yet as important as these courts are, atrocities occur in places beyond their reach, and even where international courts investigate and prosecute, they lack the capacity to try all but a handful of the thousands of perpetrators of the worst international crimes.
- Topic:
- Crime, Genocide, International Cooperation, and International Law
- Political Geography:
- United States, Sudan, Libya, Yugoslavia, and Cambodia
33. Syria and the Doctrine of Arab Neutralism: from Independence to Dependence
- Author:
- Adam Guerin
- Publication Date:
- 07-2011
- Content Type:
- Journal Article
- Journal:
- Insight Turkey
- Institution:
- SETA Foundation for Political, Economic and Social Research
- Abstract:
- Rami Ginat's monograph traces the development of Syria's foreign policy of neutralism during its early years of independence in until the fall of the Soviet Union. By situating the evolution of Syrian politics within a global framework that incorporates the diplomatic positions of emerging nations of the so-called Third World – particularly India, Egypt, Yugoslavia, and Indonesia – Ginat demonstrates the multifaceted face of neutralism that simultaneously united and divided nations seeking an alternative “third path” within the ideological struggle of the Cold War.
- Topic:
- Cold War
- Political Geography:
- Indonesia, India, Yugoslavia, Syria, and Egypt
34. The Seven States of the Former Yugoslavia: An Evaluation
- Author:
- Thomas P. Melady and J. Cushman Laurent
- Publication Date:
- 10-2011
- Content Type:
- Journal Article
- Institution:
- Council of American Ambassadors
- Abstract:
- The area formerly known as Yugoslavia, positioned at the crossroads of East and West, is a melting pot of ethnicities and religions. As one country, Yugoslavia's rich multiculturalism was a source of contention, culminating in a series of bloody conflicts in the early 1990s. The Dayton Accords of 1995 brought peace to the region and created separate nations organized along ethnic and religious lines. Sixteen years after the signing of the Dayton Accords, we examine the geopolitical situation in each of the seven independent states of the former Yugoslavia.
- Political Geography:
- Yugoslavia
35. Between "Autistic" Courts and Mob Justice: Theorizing the Call for More "Democratic" International Criminal Justice
- Author:
- Marlies Glasius
- Publication Date:
- 11-2011
- Content Type:
- Journal Article
- Journal:
- Macalester International
- Institution:
- Macalester College
- Abstract:
- In the last few years, the literature on international criminal courts has shifted from legal enthusiasm over the exciting new frontiers in legal and institutional development to a more critical debate in which anthropologists, sociologists, political scientists, and many interdisciplinary scholars also participate. There are three interrelated lines of critique, pursued to different degrees by different authors. The first is a general questioning of whether the exclusive focus on punitive “trial” justice is in fact helpful for the victims of war crimes and crimes against humanity and the wider societies that have suffered from such atrocities. The second points out that in ongoing conflicts, the pursuit of such justice may get in the way of the pursuit of peace through negotiations. The third concerns the “remoteness” of these courts from the lived realities of the populations affected by the crimes they prosecute.
- Topic:
- Crime and War
- Political Geography:
- Yugoslavia and Cambodia
36. Greek FDI in the Balkans: How is it affected by the crisis in Greece?
- Author:
- Persephone Economou and Margo Thomas
- Publication Date:
- 11-2011
- Content Type:
- Policy Brief
- Institution:
- Columbia Center on Sustainable Investment
- Abstract:
- The current Greek crisis raises the question of its impact on foreign direct investment (FDI) by Greece on its neighbors in the Balkans. Greek multinational enterprises (MNEs) first began to establish a presence there in the 1990s, following the breakup of the former Yugoslavia. This trend accelerated during the past decade. As of 2009, Greece's outward FDI stock in the Balkans stood at US$ 10.5 billion or 26.5% of Greece's outward FDI stock worldwide.
- Topic:
- Foreign Policy, Global Recession, Foreign Direct Investment, and Financial Crisis
- Political Geography:
- Europe, Greece, Yugoslavia, and Balkans
37. The Western Balkans and the EU: 'the hour of Europe'
- Author:
- Jacques Rupnik (ed)
- Publication Date:
- 06-2011
- Content Type:
- Working Paper
- Institution:
- European Union Institute for Security Studies
- Abstract:
- Today, more than fifteen years after the end of the wars of Yugoslavia's dissolution, the 'Balkan question' remains more than ever a 'European question'. In the eyes of many Europeans in the 1990s, Bosnia was the symbol of a collective failure, while Kosovo later became a catalyst for an emerging Common Foreign and Security Policy (CFSP). In the last decade, with the completion of the process of redrawing the map of the region, the overall thrust of the EU's Balkans policy has moved from an agenda dominated by security issues related to the war and its legacies to an agenda focused on the perspective of the Western Balkan states' accession to the European Union, to which there has been a formal political commitment on the part of all EU Member States since the Thessaloniki Summit in June 2003. The framework was set, the political elites in the region were – at least verbally – committed to making Europe a priority and everyone was supposedly familiar with the policy tools thanks to the previous wave of Eastern enlargement. With the region's most contentious issues apparently having been defused, the EU could move from stability through containment towards European integration.
- Topic:
- Conflict Resolution, Security, Ethnic Conflict, Political Economy, Sectarian violence, and Self Determination
- Political Geography:
- Europe, Bosnia, Kosovo, Yugoslavia, and Balkans
38. Completing the ICTY Project Without Sacrificing its Main Goals. Security Council Resolution 1966 – A Good Decision?
- Author:
- Donald Riznik
- Publication Date:
- 12-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- Almost two decades after having established the ad-hoc criminal tribunal for the former Yugoslavia, this institution is about to fulfill its mandate and will close its doors in the near future. Looking back on 20 years of legal and political struggle, the overall result of this institutional project is positive. This article analyses the way the Security Council and the ICTY have chosen to bring the tribunal to an end by implementing the Completion. The problematic aspect, the Security Council was faced with before its final Resolution 1966, adopted on 22 December 2010, has been outlined together with the chosen path to avoid commitments, especially with regard to its major goal to end impunity for serious breaches of international law, and to bring justice and peace to the people living on the territory of the former Yugoslavia. This (so far) last resolution, which implemented the International Residual Mechanism for Criminal Tribunals (IRMCT), was adopted at a time, when the last two remaining fugitives, Ratko Mladic and Goran Hadzic were still at large. Only a few months ago, the two were caught and transferred to the tribunal. The author argues that not shutting the institutional doors entirely until all remaining fugitives are arrested, was a complex situation in a legal and practical sense. Facing and solving this problem through Resolution 1966 was the best choice at that time. This article will give a brief description about the practical impact of the IRMCT on the ICTY's further work, and the relation between these two judicial institutions during their coexistence.
- Topic:
- Security and International Law
- Political Geography:
- Yugoslavia and United Nations
39. The International Residual Mechanism and the Legacy of the International Criminal Tribunals for the former Yugoslavia and Rwanda
- Author:
- Gabrielle Bardall
- Publication Date:
- 12-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- By Security Council Resolution 1966 (2010), the Security Council established the International Residual Mechanism for Criminal Tribunals as the legal successor to the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. In the creation of the Residual Mechanism, the Security Council appears to have intended to ensure the continuation of the work of the Tribunals and thereby safeguard their legacies. Accordingly, the Statute of the Residual Mechanism continues the jurisdiction of the Tribunals, mirrors in many respects the structures of the Tribunals, and ensures that the Residual Mechanism's Rules of Procedure and Evidence are based on those of the Tribunals. However, the Statute of the Residual Mechanism is silent with regard to the weight the Judges of the Residual Mechanism must accord to ICTY and ICTR judicial decisions. While there is no doctrine of precedent in international law or hierarchy between international courts, this omission by the Security Council does have the potential to negatively impact the legacies of the Tribunal by allowing for departures by the Residual Mechanism from the jurisprudence of the Tribunals, which lead to similarly situated persons being dissimilarly treated. Nevertheless, even if the Residual Mechanism does adopt the jurisprudence of the Tribunals as its own, as a separate legal body it will still have to answer constitutional questions regarding the legitimacy of its establishment by the Security Council. While it can be anticipated that the Residual Mechanism will find itself validly constituted, the wisdom of the Security Council's decision to artificially end the work of the Tribunals by the establishment of the Residual Mechanisms will ultimately turn upon the question of whether any inherent unfairness could be occasioned to persons whose proceedings are before the Residual Mechanism. It will be suggested that the Security Council has provided the Residual Mechanism with sufficient tools to ensure that its proceedings are conducted in para passu with those of the Tribunals and that the responsibility of ensuring the highest standards of international due process and fairness falls to the Judges of the Residual Mechanism.
- Topic:
- Security
- Political Geography:
- Yugoslavia and Rwanda
40. Tadic Revisited: Some Critical Comments on the Legacy and the Legitimacy of the ICTY
- Author:
- Mia Swart
- Publication Date:
- 12-2011
- Content Type:
- Journal Article
- Journal:
- The Goettingen Journal of International Law
- Institution:
- The Goettingen Journal of International Law
- Abstract:
- This article will return to questions raised during the establishment of the ICTY and particularly the Tadic case. It will be argued here that the aspect of Tadic that remains unresolved is the fundamental question of whether the ICTY has been established legitimately. The legitimacy argument forms an important part of the legacy debate of the ICTY. Although the Tadic Appeals Chamber has formally answered the question of the legitimacy of the ICTY it will be argued that the reasoning of the Appeals Chamber was not sufficiently strong or persuasive. The legitimacy debate reflects the wider influence of the ICTY's jurisprudence since some of the arguments made by the Tadic Appeals Chamber have been replicated or repeated in the trials of Saddam Hussein and Charles Taylor. The legitimacy question is crucial since it affects the very foundations of the ICTY. If the legitimacy of the ICTY is not established satisfactorily, it affects how one considers the achievements mentioned above. In a sense the substantive and procedural achievements of the ICTY are dependent on the legitimacy of the ICTY. This article will consider the difference between the ICTY's self-perception and the way the work of the Tribunal over the last sixteen years has been perceived from the outside. The focus of the article will be on the lingering question of the legitimacy of the Tribunal. It has argued that legitimacy can also be acquired after the initial establishment. The article will consider whether the ICTY's initial defect in legitimacy could subsequently be remedied by the fairness of the proceedings and the moral power of the ICTY.
- Topic:
- Security
- Political Geography:
- Yugoslavia