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The International Criminal Tribunal for the Former YugoslaviaAn Exercise in Law
Politics
and Diplomacy$
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Rachel Kerr

Print publication date: 2004

Print ISBN-13: 9780199263059

Published to Oxford Scholarship Online: August 2004

DOI: 10.1093/0199263051.001.0001

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

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

Chapter:
(p.92) 5 Procedure: ‘Justice Must Not Only be Done, but Must be Seen to be Done’
Source:
The International Criminal Tribunal for the Former Yugoslavia
Author(s):

Rachel Kerr (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199263051.003.0005

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

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