Jump to ContentJump to Main Navigation
The Legacy of the International Criminal Tribunal for the Former Yugoslavia$
Users without a subscription are not able to see the full content.

Bert Swart, Alexander Zahar, and Göran Sluiter

Print publication date: 2011

Print ISBN-13: 9780199573417

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199573417.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 December 2019

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

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

Chapter:
(p.401) 14 ‘Special Agreements’ between Conflicting Parties in the Case-law of the ICTY
Source:
The Legacy of the International Criminal Tribunal for the Former Yugoslavia
Author(s):

Luisa Vierucci

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199573417.003.0015

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .