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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia

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ISBN13: 9789041114785
ISBN: 9041114785
Published: October 2000
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00

Usually despatched in 1 to 3 weeks.

This volume is designed to provide a quick yet comprehensive reference to the jurisprudence of both the ICTY and to some extent, the ICTR. It goes significantly beyond the Judgements of the Tribunal into the Orders and Decisions of the Trial and Appeals Chambers. The book is organized by sections, according to each article of the statute and rule of procedure and evidence. Following the text of the article or rule, there is a commentary section, where appropriate, and a digest of judgements, decisions and orders of the appeals chamber and the trial chambers. Materials will be found in the book from the beginning of the operation of the ICTY through the Furundzija Appeals Judgement and the amendments to the Rules in July 2000.

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Statute of the International Tribunal. Article 1. Competence of the International Tribunal. Article 2. Grave Breaches of the Geneva Conventions of 1949. Article 3. Violations of the Laws or Customs of War. Article 4. Genocide. Article 5. Crimes against Humanity. Article 6. Personal Jurisdiction. Article 7. Individual Criminal Responsibility. Article 8. Territorial and Temporal Jurisdiction. Article 9. Concurrent Jurisdiction. Article 10. Non-Bis-In-Idem. Article 11. Organization of the International Tribunal. Article 12. Composition of the Chambers. Article 13. Qualifications and Election of Judges. Article 14. Officers and Members of the Chambers. Article 15. Rules of Procedure and Evidence. Article 16. The Prosecutor. Article 17. The Registry. Article 18. Investigation and Preparation of Indictment. Article 19. Review of the Indictment. Article 20. Commencement and Conduct of Trial Proceedings. Article 21. Rights of the Accused. Article 22. Protection of Victims and Witnesses. Article 23. Judgement. Article 24. Penalties. Article 25. Appellate Proceedings. Article 26. Review Proceedings. Article 27. Enforcement of Sentences. Article 28. Pardon or Commutation of Sentences. Article 29. Cooperation and Judicial Assistance. Article 30. The Status, Privileges and Immunities of the International Tribunal. Article 31. Seat of the International Tribunal. Article 32. Expenses of the International Tribunal. Article 33. Working Languages. Article 34. Annual Report. Rules of Procedure and Evidence. Part One: General Provisions. Rule 1. Entry into Force. Rule 2. Definitions. Rule 3. Languages. Rule 4. Meetings away from the Seat of the Tribunal. Rule 5. Non-compliance with Rules. Rule 6. Amendment of the Rules. Rule 7. Authentic Texts. Part Two: Primacy of the Tribunal. Rule 7 bis. Non-Compliance with Obligations. Rule 8. Request for Information. Rule 9. Prosecutor's Request for Deferral. Rule 10. Normal Request for Deferral. Rule 11. Non-Compliance with a Request for Deferral. Rule 11 bis. Suspension of Indictment in Case of Proceedings before National Courts. Rule 12. Determinations of Courts of any State. Rule 13. Non-bis-in-idem. Part Three: Organization of the Tribunal. Rule 14. Solemn Declaration. Rule 15. Disqualification of Judges. Rule 15 bis. Absence of a Judge. Rule 16. Resignation. Rule 17. Precedence. Rule 18. Election of the President. Rule 19. Functions of the President. Rule 20. The Vice-President. Rule 21. Functions of the Vice-President. Rule 22. Replacements. Rule 23. The Bureau. Rule 24. Plenary Meetings of the Tribunal. Rule 25. Dates of Plenary Sessions. Rule 26. Quorum and Vote. Rule 27. Rotation. Rule 28. Reviewing and Duty Judge. Rule 29. Deliberations. Rule 30. Appointment of the Registrar. Rule 31. Appointment of the Deputy Registrar and Registry Staff. Rule 32. Solemn Declaration. Rule 33. Functions of the Registrar. Rule 34. Victims and Witnesses Unit. Rule 35. Minutes. Rule 36. Record Book. Rule 37. Functions of the Prosecutor.