‘Special Agreements’ between Conflicting Parties in the Case-law of the ICTY

Luisa Vierucci

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print May 2011 | ISBN: 9780199573417
Published online September 2011 | e-ISBN: 9780191728822 | DOI:
‘Special Agreements’ between Conflicting Parties in the Case-law of the ICTY

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The conclusion of agreements between the parties to a conflict (special agreements) has assumed an important quantitative dimension since the end of the Cold War. The content of these agreements makes it likely that international criminal tribunals employ these documents either in order to establish their jurisdiction or for evidentiary purposes. This chapter examines the way in which the ICTY has employed the special agreements in its case law and highlights the legal issues that this case law gives rise to, mainly with respect to the determination of the legal nature of the agreements. It then discusses the way in which the ICC may employ the special agreements in light of the lessons drawn from the ICTY experience.

Keywords: ICTY; ICC; special agreement; peace agreement; party to a conflict; international humanitarian law; jurisdiction; evidence; individual criminal responsibility; legality principle

Chapter.  20574 words. 

Subjects: Public International Law

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