NCJ Number
162445
Journal
ABA Journal Volume: 82 Dated: (April 1996) Pages: 52-62
Date Published
1996
Length
11 pages
Annotation
The international criminal tribunals for the former Yugoslavia and Rwanda hold the key to the next advance in international law, but their own futures are far from guaranteed.
Abstract
The International Criminal Tribunal for the Former Yugoslavia, formed by the United Nations in 1993 in response to reports of atrocities coming out of the region, will try Dusko Tadic this spring. He allegedly participated with fellow Bosnian- Serbs in murders, rapes, assaults, and tortures during mid-1992, primarily at the notorious Omarska prison camp, where thousands of Muslims and Croats were held. This trial will be the first by such a tribunal since leaders of Germany and Japan were tried following World War II, which was, until now, the only major effort to impose a coherent rule of law on criminal acts by individuals arising from armed conflict between nations. The Yugoslavia tribunal is being watched most closely as a test of whether the international community can apply the network of laws it has been building since World War II to punish those who commit atrocities during wartime, either between nations or within the boundaries of a single country. This article examines some of the issues related to this effort, including how rape will be treated under international law, whether this is a step toward a permanent international criminal court, the operational structure of the tribunal, tribunal personnel, due process issues, the defense team, and court rules of procedure and evidence.