Chapter

The Judicial Role in the Definition and Implementation of the Completion Strategies of the International Criminal Tribunals

Fidelma Donlon

in Judicial Creativity at the International Criminal Tribunals

Published in print December 2010 | ISBN: 9780199591466
Published online January 2011 | e-ISBN: 9780191595585 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199591466.003.0016
The Judicial Role in the Definition and Implementation of the Completion Strategies of the International Criminal Tribunals

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This chapter examines the role played by the bench of the ad hoc Tribunals, and in particular the Office of the President, in developing and implementing a suitable procedural mechanism for the completion of the mandates of the tribunals. It demonstrates how the impetus behind this scheme was provided not by the Security Council, but primarily by the judges themselves. In the judicial development of Rule 11bis and Rule 28(A) the bench brought into existence a method of domestic case referral based on a number of strict criteria which are in keeping with fundamental concepts of justice and human rights. The chapter explores various issues surrounding these rules and enquires into the appropriateness and efficacy of the judicial development of such a mechanism, particularly in terms of whether it compromised the discretion and policy of the Office of the Prosecutor.

Keywords: international criminal law; completion strategies; residual mechanisms; human rights; justice; Security Council

Chapter.  16990 words. 

Subjects: Human Rights and Immigration

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