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Prosecutor v. Blaškić

International Criminal Tribunal for the Former Yugoslavia.  18 July 1997 ; 29 October 1997 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International criminal law — Nature — Whether applicable to States as well as individuals — Whether States subject to criminal sanctions in international law — Officials of States acting in their official capacity

International organizations — United Nations — Security Council — International Criminal Tribunal for the Former Yugoslavia — Tribunal established by Council under Chapter VII of the Charter — Implications for Member States of United Nations — Obligation of Member States to comply with orders of Tribunal — Obligation of Non-Member States to comply with orders of Tribunal

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Functions and powers — Power to issue binding orders — Whether Tribunal empowered to issue order binding upon State — Statute of the Tribunal, Article 29 — Subpoena duces tecum — Meaning — Whether Tribunal empowered to issue subpoena to State — Tribunal having no power to impose sanctions upon States — Judicial findings of non-compliance reported to Security Council — Order to produce documents which allegedly affect national security — State officials acting in their official capacity — Whether subject to subpoena or other binding order — Whether for State to determine who should respond or otherwise take action on its behalf — Whether official liable to sanctions for acts attributable to State — Power of Tribunal to issue subpoena to individuals in their private capacity — Relationship between Tribunal and Security Council — Relationship between Tribunal and national courts and authorities

Relationship of international law and municipal law — International Criminal Tribunal for the Former Yugoslavia — Extent of reliance upon national law and national authorities for enforcement of decisions relating to individuals

State immunity — Nature — Whether applicable to proceedings before international tribunal — Whether a doctrine applicable only to proceedings in municipal courts

War and armed conflict — War crimes, grave breaches of the Geneva Conventions and crimes against humanity — Procedure for trial — International Criminal Tribunal for the Former Yugoslavia

Type
Case Report
Copyright
© Cambridge University Press 1998

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