Chapter

Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia

Published in print January 2004 | ISBN: 9780199263059
Published online August 2004 | e-ISBN: 9780191601422 | DOI: http://dx.doi.org/10.1093/0199263051.003.0005
 Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’

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This chapter examines issues associated with the formulation and interpretation of the Rules of Procedure and Evidence of the International Criminal Tribunal for the Former Yugoslavia (ICTY). The main contribution of the jurisprudence of the Tribunal was ironing out some of the complex issues of procedure, which will be useful in cases before the International Criminal Court, national court, and other ad hoc tribunals. The example of the ICTY shows that there are a series of trade-offs that must be managed. Finding the correct balance means understanding the relationship between the internal and external mandate of the Tribunal - justice must be done, and seen to be done.

Keywords: International Criminal Tribunal for the Former Yugoslavia; procedure; justice; international humanitarian law

Chapter.  11132 words. 

Subjects: International Relations

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