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Volumn 53, Issue 1, 2004, Pages 227-245

Public International Law

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EID: 85023016737     PISSN: 00205893     EISSN: 14716895     Source Type: Journal    
DOI: 10.1093/iclq/53.1.227     Document Type: Article
Times cited : (20)

References (162)
  • 5
    • 85023155581 scopus 로고    scopus 로고
    • A “Special Court” for Sierra Leone?
    • The ad hoc international criminal tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY) are considered first-generation international tribunals, while the Special Court for Sierra Leone is a second-generation tribunal: see
    • The ad hoc international criminal tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY) are considered first-generation international tribunals, while the Special Court for Sierra Leone is a second-generation tribunal: see R Cryer ‘A “Special Court” for Sierra Leone?’ 50 ICLQ (2001) 443.
    • (2001) ICLQ , vol.50 , pp. 443
    • Cryer, R.1
  • 6
    • 0042244231 scopus 로고    scopus 로고
    • The Promise of Hybrid Courts
    • Regulation 64 panels in Kosovo and Special Panels in East Timor are other examples of third-generation international tribunals: see
    • Regulation 64 panels in Kosovo and Special Panels in East Timor are other examples of third-generation international tribunals: see L Dickinson ‘The Promise of Hybrid Courts’ 97 AJIL (2003) 295
    • (2003) AJIL , vol.97 , pp. 295
    • Dickinson, L.1
  • 7
    • 0347828130 scopus 로고    scopus 로고
    • Cambodia, East Timor and Sierra Leone: Experiments in International Justice
    • S. Linton ‘Cambodia, East Timor and Sierra Leone: Experiments in International Justice’ 12 Criminal Law Forum (2001) 185
    • (2001) Criminal Law Forum , vol.12 , pp. 185
    • Linton, S.1
  • 8
    • 33748315761 scopus 로고    scopus 로고
    • Hybrid Tribunals: Searching for Justice in East Timor
    • S. Kartenstein ‘Hybrid Tribunals: Searching for Justice in East Timor’ 16 Harvard Human Rights Journal (2003) 245.
    • (2003) Harvard Human Rights Journal , vol.16 , pp. 245
    • Kartenstein, S.1
  • 11
    • 85023154370 scopus 로고    scopus 로고
    • para 16
    • GA Res 52/135, para 16.
    • GA Res , vol.52-135
  • 14
    • 85023156148 scopus 로고    scopus 로고
    • There had been a significant change in the Cambodian government following the request to the United Nations in 1997: the then Second Prime Minister, Hun Sen, staged a coup in July 1997 assuming complete control. This action was ‘confirmed’ by a ‘tainted electoral process’ in July 1998, in which Hun Sen was elected Prime Minister Oxford Oxford University Press
    • There had been a significant change in the Cambodian government following the request to the United Nations in 1997: the then Second Prime Minister, Hun Sen, staged a coup in July 1997 assuming complete control. This action was ‘confirmed’ by a ‘tainted electoral process’ in July 1998, in which Hun Sen was elected Prime Minister: S Ratner and J Abrams Accountability for Human Rights Atrocities in International Law (Oxford Oxford University Press 2001) 281.
    • (2001) Accountability for Human Rights Atrocities in International Law , pp. 281
    • Ratner, S.1    Abrams, J.2
  • 15
    • 85023076647 scopus 로고    scopus 로고
    • China, as a major ally of Vietnam, had historically vetoed Security Council resolutions dealing with the situation in Cambodia. However, the Chinese government had told the Group of Experts that it would not oppose an international tribunal if requested by the Cambodian government above n 14
    • China, as a major ally of Vietnam, had historically vetoed Security Council resolutions dealing with the situation in Cambodia. However, the Chinese government had told the Group of Experts that it would not oppose an international tribunal if requested by the Cambodian government: Ratner and Abrams, above n 14, 281.
    • Ratner1    Abrams2
  • 17
    • 85023131822 scopus 로고    scopus 로고
    • UN Plans Joint War Crimes Tribunal for Khmer Rouge
    • 12 Aug
    • P. Shenon ‘UN Plans Joint War Crimes Tribunal for Khmer Rouge’ New York Times, 12 Aug 1999.
    • (1999) New York Times
    • Shenon, P.1
  • 18
    • 84856638661 scopus 로고    scopus 로고
    • UN Warns Cambodia on War Crimes Tribunal
    • A Memorandum of Understanding was reached in May 2000, although there is some dispute as to the intended effect of this document and the extent to which it was incorporated into the Special Law 3 Feb
    • A Memorandum of Understanding was reached in May 2000, although there is some dispute as to the intended effect of this document and the extent to which it was incorporated into the Special Law: C Lynch ‘UN Warns Cambodia on War Crimes Tribunal’ Washington Post, 3 Feb 2001.
    • (2001) Washington Post
    • Lynch, C.1
  • 19
    • 85023082442 scopus 로고    scopus 로고
    • Cambodia set for Khmer Rouge Trials
    • The Special Law was introduced in Dec 2000, but was referred to the Cambodian Constitutional Court for approval 7 Aug
    • The Special Law was introduced in Dec 2000, but was referred to the Cambodian Constitutional Court for approval: ‘Cambodia set for Khmer Rouge Trials’ BBC Online 7 Aug 2001.
    • (2001) BBC Online
  • 20
    • 33744460947 scopus 로고    scopus 로고
    • 31 Mar UN Doc No A/57/769 (hereafter Secretary-General's Report), para 14
    • Report of the Secretary-General on Khmer Rouge trials, 31 Mar 2003, UN Doc No A/57/769 (hereafter Secretary-General's Report), para 14.
    • (2003) Report of the Secretary-General on Khmer Rouge trials
  • 21
    • 85023139486 scopus 로고    scopus 로고
    • 18 Dec
    • GA Res 57/228, 18 Dec 2002.
    • (2002) GA Res , vol.57-228
  • 23
    • 85023102324 scopus 로고    scopus 로고
    • Preamble and paragraph 2
    • GA Res 57/228, Preamble and paragraph 2.
    • GA Res , vol.57-228
  • 26
    • 85023136501 scopus 로고    scopus 로고
    • para 4(a)
    • GA Res 57/228 para 4(a)
    • GA Res , vol.57-228
  • 28
    • 84940828545 scopus 로고    scopus 로고
    • The proposed amendments are set out in the at para 16, and include simplifying the structure of the tribunal and requiring a majority of international judges in each chamber
    • The proposed amendments are set out in the Secretary-General's Report, at para 16, and include simplifying the structure of the tribunal and requiring a majority of international judges in each chamber.
    • Secretary-General's Report
  • 31
    • 77952467443 scopus 로고    scopus 로고
    • GA/10135 of 13 May
    • UN Press Release GA/10135 of 13 May 2003
    • (2003) UN Press Release
  • 34
    • 85023096034 scopus 로고    scopus 로고
    • The only outstanding legal requirement is for the Cambodian government to obtain the ratification of Cambodia of the agreement: Art 30 However, Art 29 provides for the phased commencement of the Extraordinary Chambers
    • The only outstanding legal requirement is for the Cambodian government to obtain the ratification of Cambodia of the agreement: Art 30, UN Agreement. However, Art 29 provides for the phased commencement of the Extraordinary Chambers.
    • UN Agreement
  • 35
    • 85023145859 scopus 로고    scopus 로고
    • Letter dated 5 May 2003 from the Permanent Representative of Cambodia to the United Nations addressed to the Secretary-General, UN Doc No A/57/808. The two suspects are
    • Letter dated 5 May 2003 from the Permanent Representative of Cambodia to the United Nations addressed to the Secretary-General, UN Doc No A/57/808. The two suspects are Ta Mok, a former general, and Duch, the former head of the Tuol Sleng prison.
    • a former general, and Duch, the former head of the Tuol Sleng prison
    • Mok, T.1
  • 36
    • 85022992631 scopus 로고    scopus 로고
    • above n 7, at
    • Dickinson, above n 7, at 595.
    • Dickinson1
  • 38
    • 84863408047 scopus 로고
    • of 25 May for the ICTY
    • SC Res 827 of 25 May 1993 for the ICTY
    • (1993) SC Res , pp. 827
  • 39
    • 85023094780 scopus 로고
    • of 8 Nov for the ICTR
    • SCR 955 of 8 Nov 1994 for the ICTR.
    • (1994) SCR , pp. 955
  • 40
    • 85022991205 scopus 로고    scopus 로고
    • of 10 June authorizes the establishment of an international civil presence in Kosovo in order to provide an interim administration for Kosovo
    • SC Res 1244 of 10 June 1999 authorizes the establishment of an international civil presence in Kosovo in order to provide an interim administration for Kosovo.
    • (1999) SC Res , pp. 1244
  • 41
    • 85023115758 scopus 로고    scopus 로고
    • Similarly of 25 October granted UNTAET extensive power to administer East Timor during a transitional period to independence
    • Similarly, SC Res 1272 of 25 October 1999 granted UNTAET extensive power to administer East Timor during a transitional period to independence.
    • (1999) SC Res , pp. 1272
  • 42
    • 85022360303 scopus 로고    scopus 로고
    • The interim administrations exercised all legislative and executive authority, including the administration of the judiciary Kosovo
    • The interim administrations exercised all legislative and executive authority, including the administration of the judiciary: UNMIK Regulation 1 (Kosovo)
    • UNMIK Regulation , pp. 1
  • 43
    • 85023016261 scopus 로고    scopus 로고
    • East Timor
    • SC Res 1272 (East Timor).
    • SC Res , pp. 1272
  • 44
    • 0035613530 scopus 로고    scopus 로고
    • Collapse and Reconstruction of a Judicial System: The United Nations Missions in Kosovo and East Timor
    • See
    • See H Strohmeyer ‘Collapse and Reconstruction of a Judicial System: The United Nations Missions in Kosovo and East Timor’, 95 AJIL (2001) 46.
    • (2001) AJIL , vol.95 , pp. 46
    • Strohmeyer, H.1
  • 46
    • 85023095523 scopus 로고    scopus 로고
    • in particular Thailand, Laos and Vietnam) have an obligation to cooperate with any transitional justice mechanism, para 119
    • The Group of Experts suggested that the signatories to the Paris Agreements (in particular Thailand, Laos and Vietnam) have an obligation to cooperate with any transitional justice mechanism, para 119.
    • The Group of Experts suggested that the signatories to the Paris Agreements
  • 47
    • 85023007763 scopus 로고    scopus 로고
    • Liberian President Taylor to the Special Court from Nigeria is currently the subject of negotiations: UN Press Release
    • Eg, the transfer of former 12 Aug
    • Eg, the transfer of former Liberian President Taylor to the Special Court from Nigeria is currently the subject of negotiations: UN Press Release ‘Sierra Leone Court says Taylor must face justice to ensure lasting peace in Liberia’ 12 Aug 2003.
    • (2003) Sierra Leone Court says Taylor must face justice to ensure lasting peace in Liberia
  • 48
    • 85023063704 scopus 로고    scopus 로고
    • In terms of medical assistance, the Special Court was unable to transfer Foday Sankoh to another state to obtain medical treatment 30 July
    • In terms of medical assistance, the Special Court was unable to transfer Foday Sankoh to another state to obtain medical treatment: UN Press Release Former Sierra Leonean rebel leader, indicted war criminal Foday Sankoh dies, 30 July 2003.
    • (2003) UN Press Release Former Sierra Leonean rebel leader, indicted war criminal Foday Sankoh dies
  • 49
    • 84859638939 scopus 로고    scopus 로고
    • Cambodia and Thailand entered into an extradition agreement in 1998 that is still to be ratified by the Thai government. There are two agreements for judicial assistance signed in 1960. The Thai government has expressed its willingness to cooperate with any Cambodian tribunal para 121
    • Cambodia and Thailand entered into an extradition agreement in 1998 that is still to be ratified by the Thai government. There are two agreements for judicial assistance signed in 1960. The Thai government has expressed its willingness to cooperate with any Cambodian tribunal: Report of the Group of Experts, para 121.
    • Report of the Group of Experts
  • 51
    • 85023004003 scopus 로고    scopus 로고
    • The Security Council was involved in the drafting of the bilateral agreement for the Special Court, but did not take action to approve or authorize the agreement: see above n 7
    • The Security Council was involved in the drafting of the bilateral agreement for the Special Court, but did not take action to approve or authorize the agreement: see Cryer, above n 7.
    • Cryer1
  • 56
    • 85023106418 scopus 로고    scopus 로고
    • Art 26
    • Art 26, VCLT.
    • VCLT
  • 57
    • 85023099258 scopus 로고    scopus 로고
    • Art 27
    • Art 27, VCLT.
    • VCLT
  • 63
    • 79959872571 scopus 로고    scopus 로고
    • Art 34 provides that only states can be a party to cases before the ICJ
    • Art 34, ICJ Statute, provides that only states can be a party to cases before the ICJ.
    • ICJ Statute
  • 65
    • 84871953131 scopus 로고    scopus 로고
    • Art 96(1)
    • Art 96(1) UN Charter.
    • UN Charter
  • 67
    • 84856902656 scopus 로고    scopus 로고
    • Art 34 This right is not absolute and may be limited ‘in exceptional circumstances’
    • Art 34, Special Law. This right is not absolute and may be limited ‘in exceptional circumstances’.
    • Special Law
  • 70
    • 84856902656 scopus 로고    scopus 로고
    • The previous draft (and the Special Law) had provided for a more complicated structure, with a three-tier structure consisting of a Trial Chamber, an Appeals Chamber and a Supreme Court Chamber (see Art 9
    • The previous draft (and the Special Law) had provided for a more complicated structure, with a three-tier structure consisting of a Trial Chamber, an Appeals Chamber and a Supreme Court Chamber (see Art 9, Special Law).
    • Special Law
  • 71
    • 85023096034 scopus 로고    scopus 로고
    • In the current, simpler model, the Supreme Court will have both appellate and final instance jurisdiction: Art 3(2)(b)
    • In the current, simpler model, the Supreme Court will have both appellate and final instance jurisdiction: Art 3(2)(b), UN Agreement
    • UN Agreement
  • 73
    • 84856902656 scopus 로고    scopus 로고
    • Arts 10 and 11
    • Arts 10 and 11, Special Law.
    • Special Law
  • 75
    • 12444340280 scopus 로고    scopus 로고
    • Several reports have highlighted the vulnerability of the Cambodian judiciary to political pressure: see at . The Secretary General's Special Representative for Human Rights in Cambodia has consistently highlighted the difficulty of ensuring a fair trial: see the most recent report: Doc No E/CN.4/2003/114, 18 Dec
    • Several reports have highlighted the vulnerability of the Cambodian judiciary to political pressure: see country reports at . The Secretary General's Special Representative for Human Rights in Cambodia has consistently highlighted the difficulty of ensuring a fair trial: see the most recent report: Doc No E/CN.4/2003/114, 18 Dec 2002.
    • (2002) country reports
  • 77
    • 84863406717 scopus 로고    scopus 로고
    • Sept
    • OSCE, Department of Human Rights and Rule of Law, Legal Systems Monitoring Section. Kosovo's War Crimes Trials: A Review, Sept 2003.
    • (2003) Kosovo's War Crimes Trials: A Review
  • 79
    • 84856902656 scopus 로고    scopus 로고
    • Art 14 Judges are to attempt to achieve unanimity in their decisions, but where this is not possible, a decision in the Trial Chamber requires the affirmative vote of at least four judges, and a decision of the Supreme Court Chamber requires the affirmative vote of at least five judges
    • Art 14, Special Law. Judges are to attempt to achieve unanimity in their decisions, but where this is not possible, a decision in the Trial Chamber requires the affirmative vote of at least four judges, and a decision of the Supreme Court Chamber requires the affirmative vote of at least five judges.
    • Special Law
  • 82
    • 84856902656 scopus 로고    scopus 로고
    • Arts 16–19
    • Arts 16–19, Special Law.
    • Special Law
  • 88
    • 84856902656 scopus 로고    scopus 로고
    • Arts 23 and 26
    • Arts 23 and 26, Special Law.
    • Special Law
  • 89
    • 85023096034 scopus 로고    scopus 로고
    • Arts 5(4) and 7
    • Arts 5(4) and 7, UN Agreement
    • UN Agreement
  • 90
    • 84856902656 scopus 로고    scopus 로고
    • Arts 20 and 23
    • Arts 20 and 23, Special Law.
    • Special Law
  • 100
  • 101
    • 85023039038 scopus 로고    scopus 로고
    • In East Timor, there is a Public Defenders Unit funded and staffed by East Timor
    • The Registry of the Special Court for Sierra Leone established an Office of the Defence within the structure of the tribunal, although this office was not originally contained in the Statute for the Special Court above n 7), while in Kosovo, a regulation dealing with access to legal representation was not promulgated until Oct 2001: UNMIK Regulation 2001/28 On The Rights of Persons Arrested by Law Enforcement Authorities, 12 Oct 2001. The procedure of the ICTR and ICTR is to meet the costs of defence counsel from the budget
    • The Registry of the Special Court for Sierra Leone established an Office of the Defence within the structure of the tribunal, although this office was not originally contained in the Statute for the Special Court. In East Timor, there is a Public Defenders Unit funded and staffed by East Timor (Katzenstein, above n 7), while in Kosovo, a regulation dealing with access to legal representation was not promulgated until Oct 2001: UNMIK Regulation 2001/28 On The Rights of Persons Arrested by Law Enforcement Authorities, 12 Oct 2001. The procedure of the ICTR and ICTR is to meet the costs of defence counsel from the budget.
    • Katzenstein
  • 105
    • 85023079200 scopus 로고    scopus 로고
    • 22 May para 3
    • GA Res 57/228B, 22 May 2003, para 3.
    • (2003) GA Res , vol.57/228B
  • 107
    • 85023068792 scopus 로고    scopus 로고
    • para 3
    • GA Res 57/228B, para 3.
    • GA Res , vol.57/228B
  • 109
    • 85022992488 scopus 로고    scopus 로고
    • The original budget was a total of US$114.6 million for three years of the Special Court's operation, which was scaled down to US$57 million for the same three-year period: Letter dated 12 July 2001 from the Secretary-General to the Security Council, UN Doc S/2001/693. As the beginning of July 2001, only US$35.4 million had been pledged; despite this the Secretary-General announced that the level of funding was sufficient to commence establishment of the Special Court. The Special Court is approximately US$14 million short for the current year. See also above n 7
    • The original budget was a total of US$114.6 million for three years of the Special Court's operation, which was scaled down to US$57 million for the same three-year period: Letter dated 12 July 2001 from the Secretary-General to the Security Council, UN Doc S/2001/693. As the beginning of July 2001, only US$35.4 million had been pledged; despite this the Secretary-General announced that the level of funding was sufficient to commence establishment of the Special Court. The Special Court is approximately US$14 million short for the current year. See also Cryer, above n 7.
    • Cryer1
  • 111
    • 85023126960 scopus 로고    scopus 로고
    • See above n 7, and various OSCE Legal Systems Monitoring Section reports on the Criminal Justice System in Kosovo, available at
    • See Katzenstein, above n 7, and various OSCE Legal Systems Monitoring Section reports on the Criminal Justice System in Kosovo, available at .
    • Katzenstein1
  • 117
  • 119
  • 122
    • 85023120227 scopus 로고    scopus 로고
    • See also above n 14
    • See also Ratner and Abrams above n 14, 284–288
    • Ratner1    Abrams2
  • 123
    • 85023057617 scopus 로고    scopus 로고
    • above n 7
    • Linton, above n 7.
    • Linton1
  • 125
    • 52649113731 scopus 로고    scopus 로고
    • See Art 7 and Art 3, ICTR Statute
    • See Art 7, ICC Statute and Art 3, ICTR Statute.
    • ICC Statute
  • 126
    • 84856902656 scopus 로고    scopus 로고
    • Defined as specified grave breaches of the Geneva Conventions of 12 Aug Art 6
    • Defined as specified grave breaches of the Geneva Conventions of 12 Aug 1949: Art 6, Special Law.
    • (1949) Special Law
  • 127
    • 85023086908 scopus 로고    scopus 로고
    • It is doubtful that the Protocol represented customary international law during that period, and even if liability under international criminal law did exist at that stage, the internal conflict was comparatively limited: see discussion in above n 14
    • It is doubtful that the Protocol represented customary international law during that period, and even if liability under international criminal law did exist at that stage, the internal conflict was comparatively limited: see discussion in Ratner and Abrams, above n 14.
    • Ratner1    Abrams2
  • 128
    • 84856902656 scopus 로고    scopus 로고
    • Arts 7 and 8
    • Arts 7 and 8, Special Law.
    • Special Law
  • 129
    • 85023153445 scopus 로고    scopus 로고
    • The UN Convention on Torture was not concluded until 1984 (Cambodia acceded to the Convention in Oct 1992) so, unless the principles contained in the convention formed part of international customary law in 1975, the principles were not part of Cambodian law during the relevant period. For further discussion see above n 14
    • The UN Convention on Torture was not concluded until 1984 (Cambodia acceded to the Convention in Oct 1992) so, unless the principles contained in the convention formed part of international customary law in 1975, the principles were not part of Cambodian law during the relevant period. For further discussion see Ratner and Abrams, above n 14, 296.
    • Ratner1    Abrams2
  • 130
    • 84856902656 scopus 로고    scopus 로고
    • Arts 501, 503, 504, 505, 506, 507, and 508 of the 1956 Penal Code of Cambodia: Art 3
    • Arts 501, 503, 504, 505, 506, 507, and 508 of the 1956 Penal Code of Cambodia: Art 3, Special Law.
    • Special Law
  • 131
    • 85023002101 scopus 로고    scopus 로고
    • Penal Code of Cambodia
    • Arts 209 and 210 of the 1956 Art 3
    • Arts 209 and 210 of the 1956 Penal Code of Cambodia: Art 3, Special Law.
    • Special Law
  • 132
    • 84856902656 scopus 로고    scopus 로고
    • Art 3 The Penal Code otherwise provides that the limitations period is 10 years for felonies, five years for misdemeanours and one year for police infractions, therefore these period would have expired in 1989 at the latest (Arts 109–14)
    • Art 3, Special Law. The Penal Code otherwise provides that the limitations period is 10 years for felonies, five years for misdemeanours and one year for police infractions, therefore these period would have expired in 1989 at the latest (Arts 109–14).
    • Special Law
  • 133
    • 85023139077 scopus 로고    scopus 로고
    • See S, above n 7
    • See Linton, S, above n 7
    • Linton1
  • 134
    • 85023118319 scopus 로고    scopus 로고
    • above n 14
    • Ratner and Abrams, above n 14.
    • Ratner1    Abrams2
  • 135
    • 85023099976 scopus 로고    scopus 로고
    • above n 35
    • Strohmeyer, above n 35.
    • Strohmeyer1
  • 136
    • 52649113731 scopus 로고    scopus 로고
    • Arts 25 and 28
    • Arts 25 and 28, ICC Statute.
    • ICC Statute
  • 137
    • 85023038631 scopus 로고    scopus 로고
    • above n 14
    • Ratner and Abrams, above n 14, 303.
    • Ratner1    Abrams2
  • 141
    • 85023090857 scopus 로고    scopus 로고
    • above n 35
    • Strohmeyer, above n 35
    • Strohmeyer1
  • 142
    • 85023103273 scopus 로고    scopus 로고
    • above nn 64 and 95
    • OSCE reports, above nn 64 and 95.
    • OSCE reports
  • 143
    • 85023057202 scopus 로고    scopus 로고
    • above n 35
    • Strohmeyer above n 35.
    • Strohmeyer1
  • 147
    • 85023096034 scopus 로고    scopus 로고
    • Art 12(2) This follows the wording in GA Res 57/228
    • Art 12(2), UN Agreement. This follows the wording in GA Res 57/228.
    • UN Agreement
  • 148
  • 149
  • 150
    • 52649113731 scopus 로고    scopus 로고
    • The procedural guarantees are mainly set out in
    • The procedural guarantees are mainly set out in Part VI, ICC Statute.
    • ICC Statute
  • 151
    • 77955013573 scopus 로고    scopus 로고
    • The applicable law for each tribunal is not the same as that of the ICC: see Art 20
    • The applicable law for each tribunal is not the same as that of the ICC: see Art 20 ICTR Statute
    • ICTR Statute
  • 153
    • 84871985781 scopus 로고    scopus 로고
    • Kosovo
    • UNMIK Regulation 24 (Kosovo)
    • Regulation , pp. 24
  • 156
    • 85023017673 scopus 로고    scopus 로고
    • See both above n 7
    • See Linton and Katzenstein, both above n 7.
    • Linton1    Katzenstein2
  • 157
    • 41449083089 scopus 로고    scopus 로고
    • International Criminal Courts and Fair Trial
    • C. Warbrick ‘International Criminal Courts and Fair Trial’ 3 Journal of Armed Conflict Law (1998) 45.
    • (1998) Journal of Armed Conflict Law , vol.3 , pp. 45
    • Warbrick, C.1
  • 158
    • 52649113731 scopus 로고    scopus 로고
    • Art 17(1)(a)
    • Art 17(1)(a), ICC Statute.
    • ICC Statute
  • 159
    • 52649113731 scopus 로고    scopus 로고
    • Arts 17(2) and 17(3)
    • Arts 17(2) and 17(3), ICC Statute.
    • ICC Statute
  • 161
    • 85023155409 scopus 로고    scopus 로고
    • See above n 7
    • See Dickinson, above n 7.
    • Dickinson1
  • 162
    • 12744250533 scopus 로고    scopus 로고
    • A Community of Courts: Toward a System of International Criminal Law Enforcement
    • See, eg
    • See, eg, W Burke-White ‘A Community of Courts: Toward a System of International Criminal Law Enforcement’, 24 Michigan Journal of International Law (2002) 1.
    • (2002) Michigan Journal of International Law , vol.24 , pp. 1
    • Burke-White, W.1


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