NCJ Number
162610
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 19 Issue: 1 Dated: (Spring 1995) Pages: 83-90
Date Published
1995
Length
8 pages
Annotation
This article discusses obstacles to the United Nations War Tribunal's attempt to gain custody of individuals it wishes to prosecute for human rights violations in the former Yugoslavia.
Abstract
Recently, the United Nations Security Council established an International Tribunal to prosecute violators of international human rights standards in the former Yugoslavia. While this is a positive step in the development of international law, it is unclear whether the War Crimes Tribunal will be able to fulfill its mandate. This article contends that the Tribunal will face significant obstacles in attempting to gain custody of the individuals it wishes to prosecute and argues that only through the stringent efforts of the international community will it succeed in bringing war criminals to justice. In the event there is no compliance with the Tribunal's orders to surrender persons accused of war crimes, there are several options to gain custody of the individuals: (1) Universal Jurisdiction, which allows any state to prosecute or extradite for prosecution anyone within its borders who is suspected of committing a universally reprehensible crime; (2) Economic Sanctions against any state harboring alleged war criminals; and (3) Abduction, which is disallowed under international law, but has nevertheless been accepted if not endorsed by many countries. Notes