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UN Ad Hoc Tribunals under Time
Pressure –
Completion Strategy and
Referral Practice of the ICTY from the Perspective of the
Defence in the Lukic Case (IT-98-32/1-PT)
Key Note by Jens Dieckmann,
hold at the “Annual Meeting” of the International Criminal Defense Counsel Network on 5 October 2007, Brussels
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Introduction
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The completion strategy of
the ICTY
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Referral of cases due to
Rule 11bis to national jurisdictions in ICTY‘ jurisprudence
3.1. Determination of the
state of referral
3.2. Preparedness of national jurisdictions and the applicable substantive
law
Non-imposition of death penalty and fair trial
3.4. Witness availability, witness protection and mutual legal assistance
Gravity of
the crimes charged and the level of responsibility
of the accused – The Lukic
Case (IT-98-32/1-PT) –
4. Outlook
Jens
Dieckmann, Attorney at Law, Criminal Defender; Senior Partner Becher &
DieckmannRechtsanwaelte,
Bonn (Germany); Assigned Co-Counsel for Mr. Sredoje Lukić at ICTY
(IT-98-32/1-PT); List Counsel
at ICTY, ICTR and ICC.
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Introduction
The International Criminal
Tribunal for the Former Yugoslavia (hereafter ICTY) was established by
United Nations Security Council Resolution 827 of 25 May 1993.
The Resolution was adopted
amidst the ongoing armed conflict in the Balkans and continued massive and
systematic violations of international humantarian law.
The first case tried by this
UN ad hoc tribunal was that of Bosnian Serb Duško Tadić, a local
leader of the Serbian Democratic Party and member of paramilitary forces
supporting the attack on the district of Prijedor in Bosnia.
Six years after his arrest and
nearly four years after the commencement of his trial, the Appeals Chamber
finally sentenced Duško Tadić to 20 years of imprisonment on 26 January
2000.
More to follow soon ....
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