Trials of Imperfection

Leiden Journal of International Law

Volumn 14, Issue 2, 2001, Pages 383-397

  Nice, Geoffrey ^a  

^a Office of the Prosecutor   (Netherlands)

Author keywords

cultural difficulties and imperialism; ICTR; ICTY; judicial limitations; procedure

Indexed keywords

EID: 84966802570     PISSN: 09221565     EISSN: 14789698     Source Type: Journal    
DOI: 10.1017/S092215650100019X     Document Type: Article

References (5)

1. In Germany a verdict of genocide has been returned in respect of criminality similar to, but probably less grave than, Jelisić's conduct in the former Yugoslavia. See Prosecutor v. Nikola Jorgić, Judgement of BGH, Case No. 3StR215/98 BGHSt 45, 64.
2. Examples of the wording drawn from the Statute and to be found in the indictments include “[…] caused, planned, instigated, ordered or committed, or aided and abetted the planning, preparation or execution of, a crime against humanity, that is, the widespread or systematic persecutions of Bosnian Muslim civilians on political, racial, ethnic or religious grounds […],” constituting a crime against humanity, as recognized by Arts. 5(h), 7(1), and 7(3) (persecutions on political, racial, or religious grounds) of the Statute of the Tribunal.
3. Statute of the ICTY, Art. 4(2).
4. Prosecution v. Slavko Dokmanović, Case No. IT-95-13a-T. Dokmanović committed suicide in custody on 28 June 1998.
5. ICTY Rules of Procedure and Evidence: Rule 66, ‘Disclosure by the Prosecutor’ (essentially material to relied on by the Prosecution); Rule 67, ‘Reciprocal Diclosure’ (at the election of the defence); Rule 68, ‘Disclosure of Exculpatory Material’ (material which tends to suggest innocence or mitigate guilt).