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Download e-book for iPad: Accountability for International Humanitarian Law by Mohamed Othman

By Mohamed Othman

ISBN-10: 3540260811

ISBN-13: 9783540260813

ISBN-10: 3540288856

ISBN-13: 9783540288855

The major target of this ebook is to make on hand to an educated viewers a le­ gal and coverage orientated research on responsibility for critical human rights and inter­ nationwide humanitarian legislation violations. it's an try to percentage the teachings learnt in responsibility for atrocity crimes as performed by means of the overseas legal Tri­ bunal for Rwanda (ICTR), and the United countries Transitional management in East Timor (UNTAET). the previous validated next to egregious atrocities that came about in 1994, and the latter following the big outburst of violence in 1999. The publication is predicated on circumstances: Rwanda and East Timor. it really is anticipated that it'll function reference literature to either the felony neighborhood and coverage makers on responsibility for heinous foreign crimes. because the foreign group and States, following critical human rights and overseas humanitarian legislations violations have painfully come to phrases with their tasks to carry to justice folks in excessive places of work or management positions, de jure or de facto, imagined to have dedicated such crimes, it has additionally develop into im­ perative that newbies errors be kept away from. while the overseas legal Tri­ bunal for the previous Yugoslavia (ICTY) was once confirmed in 1993, and the ICTR in 1994 and began their pioneering mandates there has been no template on which the prosecution of people so much accountable or with the best accountability should be forged. responsibility needed to be experimental.

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Extra resources for Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor

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Nzirorera, Case no: ICTR-97-20-I, 2 June 2000, p. 3. Arusha Tribunal Will Not Investigate Habyarimana's Death, Panafrican News Agency, 4 April 2000; Statement by the President. EN, 17 April 2000. Rwanda 23 to both the Prosecution and the Defence. ^^^ They considered the circumstances exceptional and not precedent setting. An interesting dimension of the legal problematic involved in the above is reflected in the Trial Chamber Decision on the request of the Defence for an Order for service of a UN Memorandum}^^ There, on Bagilishema's request for a copy of the memorandum the Prosecutor had argued that the plane crash was a mere historical fact of common knowledge and thus no disclosure obligation arose.

58. Rwanda 21 atrocity crimes. In East Timor a singular event, the announcement of the outcome of the popular consultation on 4 September 1999, which resulted in immediate large-scale violence, was also taken as the starting point of the initial criminal probe by United Nations Civilian Police (CIVPOL) investigations. Amiss in the case of East Timor was the evidential built-up, as early as January 1999, of the widespread and systematic intimidation, threat and violence against proindependence supporters that took place from the beginning of that year, and which later engulfed that island state.

As noted, criminal investigations into the singular triggering incident of the 1994 events in Rwanda remains an unfinished affair. Although not a sole prerogative of the ICTR Prosecutor, it is perhaps the sole independent organ that could have delivered an impartial answer. Justice is also a question of transparency and truth which legitimizes the prosecution of individuals no matter what side they may belong to. ^^ It is proper that one discusses the attitude of the International Criminal Tribunal for Rwanda on the investigation of the shooting down of the Presidential plane, ^^ 93 94 9^ 96 General R.

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Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor by Mohamed Othman

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