On the International Legal Obligation of States to Co-Operate with International Tribunals Ad Hoc Cover Image
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За международноправното задължение за сътрудничество на държавите с международните съдилища ad hoc
On the International Legal Obligation of States to Co-Operate with International Tribunals Ad Hoc

Author(s): Tsvetana Kamenova
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: In the beginning of the nineties the UN Security Council set up ad hoc Tribunals pursuant to its power to decide on measures necessary to maintain or restore international peace and security: in 1993 the International Criminal Tribunal for the fomier Yugoslavia (ICTY) and in 1994 the International Criminal Tribunal for Rwanda (ICTR). The first one was empowered to exercise jurisdiction over grave breaches of the Geneva Conventions, violations of the laws and customs of war, genocide, and crimes against humanity allegedly perpetrated in the former Yugoslavia since 1 January 1991. The second one was called upon to adjudicate genocide, crimes against humanity and violations of the article 3 common to the Geneva Conventions and the Second Additional Protocol, allegedly perpetrated in Rwanda between 1 January and 31 December 1994. It is important to mention that the Security Council determined that the situation in both countries constituted a threat to International peace and security under Chapter VII of the UN Charter. Even though the Statutes for the ICTY and the ICTR differ, there are similar obligations for the states to co-operate with them that are to be found in the relevant texts of the Statutes. The article analyses the text of the Statute of the ICTY (art.29) creating the obligation of the states to co-operate with the Tribunal in the investigation and prosecution of persons accused of committing serious violations of international humanitarian law. It goes on to analyze the case "Blaskic" as well as the changes in the Rules of Procedure and Evidence of the ICTY (art. 54bis). The central part of the article is dedicated to the special legislation adopted by a number of countries (including 5 of the 7 neighboring countries of former Yugoslavia) implementing the ICTY Statute. The bilateral international treaties on the enforcement of sentences are also mentioned. In conclusion, the author analyses the completion strategy adopted by the Security Council for the ICTY and reveals the most important aspects of the residual mechanism for ICTY. For the implementation of this residual mechanism considerable efforts for co-operation are to be made by the states.

  • Issue Year: 2006
  • Issue No: III
  • Page Range: 16-37
  • Page Count: 22
  • Language: Bulgarian