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Non-State Actors and the Case Law of the Yugoslavia War Crimes Tribunal

Published online by Cambridge University Press:  28 February 2017

Alan Tieger
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Abstract

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Type
Meeting Report
Information
Proceedings of the ASIL Annual Meeting , Volume 92 , 1998 , pp. 48 - 52
Copyright
Copyright © American Society of International Law 1998

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References

* Trial Attorney and Legal Advisor, International Criminal Tribunal for the Former Yugoslavia, 1994-97.

1 IT-94-l, T.Ch. II

2 IT-96-21, T.Ch. II qtr.

3 IT-95-14, T.Ch. I

4 This proposal suggests a process closer to collateral estoppel (which averts relitigation of issues already tried and resolved between the same parties or their privies) than judicial notice (the identification of clearly indisputable facts).

5 Justice Arbour noted that the impact of such local interests is not limited to the defense. She observed that the general assumption about prosecutions—that the might of the state, with all of its powerful resources, is arrayed against an accused—may be reversed in war crimes trials. In some instances, the accused may be backed by a state, whose assistance is forthcoming in all respects, while the prosecution is severely handicapped by state resistance.