The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy

By Rachel Kerr | Go to book overview

2 International Peace and Security, International Criminal Justice, and the Yugoslav War

The creation of the Tribunal in 1993 was the result of a unique convergence of legal, political, and diplomatic circumstances. At the political-legal level, it was the manifestation of the convergence of two distinct and related trends: the reinterpretation by the Security Council of that which constitutes a threat to international peace and security, to include intra- as well as interstate conflict and violations of basic human rights; and the development of international humanitarian law and international criminal law. This was combined with a unique set of circumstances at the political-diplomatic level, stemming from systemic changes in international relations following the end of the cold war, which both required and allowed for a high level of activity on the part of the Security Council.

This chapter sets the decision to establish the Tribunal in the context of those changes at the political-legal and political-diplomatic levels. There are three parts to the equation: the UN Security Council's powers and responsibilities in the area of international peace and security; the development of international criminal justice; and the response of the international community, through the auspices of various international organizations, to the war that broke out in Yugoslavia in 1991, particularly the widespread and systematic violations of international humanitarian law committed as an integral part of the strategy of ethnic cleansing.


THE UN SECURITY COUNCIL AND INTERNATIONAL PEACE AND SECURITY

The establishment of the International Criminal Tribunal for Former Yugoslavia (ICTY) was the result of a political decision to invoke the legal power and authority of the Security Council to enforce another set of international laws—those regulating the use of force—by creating a judicial

-12-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The International Criminal Tribunal for the Former Yugoslavia: An Exercise in Law, Politics, and Diplomacy
Table of contents

Table of contents

  • The International Criminal Tribunal for the Former Yugoslavia iii
  • Acknowledgments v
  • Contents vii
  • Abbreviations viii
  • 1: Introduction 1
  • 2: International Peace and Security, International Criminal Justice, and the Yugoslav War 12
  • 3: Establishing a Court 41
  • 4: Jurisdiction 60
  • 5: Procedure 92
  • 6: Cooperation and Judicial Assistance 115
  • 7: 'First Catch Your Criminal' 147
  • 8: An Apolitical or a Political Institution? the Exercise of Prosecutorial Discretion 175
  • 9: Conclusion 208
  • Bibliography 220
  • Index 237
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 240

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.