Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-06-07T23:23:04.442Z Has data issue: false hasContentIssue false
  • English
  • Français

Non-State Actors and the Case Law of the Yugoslavia War Crimes Tribunal

Published online by Cambridge University Press:  28 February 2017

Alan Tieger
Get access Rights & Permissions [Opens in a new window]

Abstract

An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
Meeting Report
Information
Proceedings of the ASIL Annual Meeting , Volume 92 , 1998 , pp. 48 - 52
Copyright
Copyright © American Society of International Law 1998

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

* Trial Attorney and Legal Advisor, International Criminal Tribunal for the Former Yugoslavia, 1994-97.

1 IT-94-l, T.Ch. II

2 IT-96-21, T.Ch. II qtr.

3 IT-95-14, T.Ch. I

4 This proposal suggests a process closer to collateral estoppel (which averts relitigation of issues already tried and resolved between the same parties or their privies) than judicial notice (the identification of clearly indisputable facts).

5 Justice Arbour noted that the impact of such local interests is not limited to the defense. She observed that the general assumption about prosecutions—that the might of the state, with all of its powerful resources, is arrayed against an accused—may be reversed in war crimes trials. In some instances, the accused may be backed by a state, whose assistance is forthcoming in all respects, while the prosecution is severely handicapped by state resistance.