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International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991: Rules of Procedure and Evidence

Published online by Cambridge University Press:  27 February 2017

Bruce Zagaris
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Type
Other Documents
Information
International Legal Materials , Volume 33 , Issue 2 , March 1994 , pp. 484 - 545
Copyright
Copyright © American Society of International Law 1994

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References

* [Reproduced from the text provided by the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of Former Yugoslavia since 1991, U.N. Document IT/32 of March 14, 1994.[The Introductory Note was prepared for International Legal Materials by Bruce Zagaris, Cameron and Hornbostel, Washington, DC, and Editor, International Enforcement Law Reporter.

1 Rule 1.

2 United Nations:Security Council Resolution on Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Law Humanitarian Law Committed in the Territory of the Former Yugoslavia, May 25, 1993, 32 I.L.M. 1203 (1993).

3 The International Law Commission draft statute for an International Criminal Court, dated July 16, 1993, appears at 33 I.L.M. 253 (1994).

4 For the provisions of the establishment, organization, competence, organization, proceedings, and general provisions of the Tribunal,see United Nations:Secretary-General's Report on Aspects of Establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia, 32 I.L.M. 1159 (1993).

5 Rule 3.

6 Rule 4.

7 Rule 6.

8 Rule 9.

9 Rule 10.

10 Rules 11 and 13.

11 For a discussion of the prosecution of Serbs in Bosnia courts for war crimes, see “Bosnia Convicts and Sentences to Death 2 Serbs,” 9 Int'l Enforcement L. Rep. 147-49 (April 1993); “Bosnia Holds First Trials for War Crimes as U.N. Prepares for the Establishment of War Crimes Tribunal for Former Yugoslavia,” 9 Int'l Enforcement L. Rep. 113 (March 1993).

12 See “German Government Arrests Serb for War Crimes While U.S. Congress Members Call for War Crimes Prosecutions Against Others,” 10 Int'l Enforcement L. Rep. 74 (Feb. 1994).

13 Rule 13.

14 Rule 27.

15 Rule 40.

16 Sec. 1 (Rules 47-53).

17 Rule 47.

18 Rule 50.

19 Rule 53.

20 Rule 54.

21 Rule 55.

22 Rules 56-58.

23 Rule 59.

24 Rule 61.

25 Rule 65.

26 Rules 66-68.

27 Rule 69.

28 Rule 74.

29 Rule75(A).

30 Rule75(B).

31 See Zagaris, Bruce, “Abdallah Stands Trial and Is Sentenced to Life Imprisonment,” 3 Int'l Enforcement L. Rep. 45 (Feb. 1987).Google Scholar

32 Rule88(B).

33 Rule88(C).

34 Rule 89 (e.g., rules of evidence that will best favor a fair determination of the matter before it and are consonant with the spirit of the Statute and the general principles of law and will not be bound by national rules).

35 Rule 95.

36 Rule 96.

37 Rule 101.

38 Rule 103.

39 Rule 105.

40 Rule 106.

41 Rules 119-22.

42 Rules 123-25.