Jus cogens: Recent Developments in International Law: Recent Scholarship: Aligning Legal Systems in ICTY Proceedings

Courts & Tribunals

  • International Court of Justice
  • International Criminal Tribunal for the Former Yugoslavia (ICTY)
  • International Criminal Tribunal for Rwanda (ICTR)
  • International Tribunal for the Law of the Sea
  • International Criminal Court (ICC)
  • The Special Court for Sierra Leone
  • Permanent Court of Arbitration
  • European Court of Human Rights
  • Iraqi Special Tribunal

Treaties

  • Vienna Convention on the Law of Treaties
  • Vienna Convention on the Law of Treaties Between States and International Organizations
  • UN Charter
  • Vienna Convention on Diplomatic Relations
  • Vienna Convention on Consular Relations
  • Geneva Conventions
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  • Convention against Torture
  • Convention on the Law of the Sea
  • Statute of the ICJ
  • Universal Declaration of Human Rights

International Organizations

  • African Union
  • Asia-Pacific Economic Cooperation
  • Association of Southeast Asian Nations (ASEAN)
  • Council of Europe
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  • International Monetary Fund (IMF)
  • International Telecommunication Union
  • League of Arab States
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  • Organisation for Economic Co-operation and Development
  • Organisation for the Prohibition of Chemical Weapons
  • Organization of American States (OAS)
  • The World Bank
  • United Nations
  • World Intellectual Property Organization (WIPO)
  • World Trade Organization (WTO)

Reference

  • ASIL - The American Society of International Law
  • ASIL -American Journal of International Law
  • ASIL Electronic Resource Guide
  • ASIL- EISIL“ - the Electronic Information System for International Law
    EISIL –
	the Electronic Information System for International Law
  • Berkeley Journal of International Law
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  • Chinese Journal Of International Law
  • Cornell International Law Journal
  • Duke Journal of Comparative & International Law
  • European Journal of International Law
  • Harvard International Law Journal
  • International Law Commission
  • International and Comparative Law Quarterly
  • Jus in Bello
  • Legal Information Institute: World Law
  • Michigan Journal of International Law
  • NYU Journal of International Law and Politics
  • Peace Palace Library
  • Project on International Courts and Tribunals
  • Stanford Journal of International Law
  • Treaties in Force (United States)
  • United Nations Treaty Collection/Collection des trait�s des Nations Unies
  • Virginia Journal of International Law
  • Washington University Global Studies Law Review
  • Yale Journal of International Law

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Friday, 09 December 2023

Recent Scholarship: Aligning Legal Systems in ICTY Proceedings

Patrick L. Robinson, Rough Edges in the Alignment of Legal Systems in the Proceedings at the ICTY, 3 J. INT'L. CRIM. JUST. 1037 (2005)

Judge Robinson of the International Criminal Tribunal for the Former Yugoslavia (ICTY) discusses the tensions "between the adversarial and the inquisitorial systems in the application of the Statute and Rules governing International Criminal Tribunal for the Former Yugoslavia proceedings." Specific examples include "(i) the admissibility of evidence in written form with regard to crimes committed not by the accused but by his subordinates (Rule 92bis (A)), or of a transcript of evidence given by a witness in other proceedings before the Tribunal (Rule 92bis (D)); (ii) the possibility of a judgment of acquittal at the end of the prosecution case (Rule 98bis); (iii) the Trial Chamber's power to summon witnesses on a defence submission of ‘no case to answer’; (iv) the possibility for a party calling a witness to cross-examine him if he proves to be hostile; and (v) the right of a party to request an interview with a witness of the opposing party in preparation for trial." Judge Robinson argues recent case developments illustrate potential conflict between two legal systems, common-law and civil law, which may lead to injustice or unfairness if not prevented or resolved. Judge Robinson suggests providing detailed guidance via a revision of the ICTY Rules.

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