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ID: 110905

International criminal tribunal for the former Yugoslavia: the third Wang Tieya lecture / Shahabuddeen, Mohamed

Shahabuddeen, Mohamed	Journal Article
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Publication

2012.

Summary/Abstract

International criminal justice is a relatively new field of international law. For this reason alone, it excites curiosity. Minute traces of the new development are to be found in the years preceding the Treaty of Versailles. The provisions of that treaty relating to the subject were less than credibly performed. The International Military Tribunal caught the attention of jurists for a while, but thereafter the matter went in practice into a 50-year somnolence until re-awakened in 1993 by the establishment of the International Criminal Tribunal for the former Yugoslavia. The reason why an interest has to be taken in the subject exceeds the novelty of the field: it has to do with substance. The traditional immunity of presidents or heads of government, prime ministers and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and internal armed conflict has closed. More generally, the bridge has been crossed between the responsibility of the State and the criminal liability of the individual. As a result, the traditional impunity of actors for the State has practically gone. Judge Wang Tieya helped in this process and merits grateful thanks.

Key Words

Yugoslavia ; International Criminal Justice ; international Criminal Tribunal ; International Law

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ID: 106859

Teething phase of the ECCC / Shahabuddeen, Mohamed

Shahabuddeen, Mohamed	Journal Article
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Publication	2011.
Summary/Abstract	The Extraordinary Chambers in the Courts of Cambodia is a careful attempt to respect the sovereignty of the host State while providing for participation of outsiders. In the view of the writer, the court is domestic, with authorized jurisdiction over certain international crimes. Decisions have to be supported by at least one foreign judge. The system of appeals and allied matters are reviewed.

Key Words

Cambodia ; Jurisdiction ; Foreign Judge ; ECCC

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