Abstract
Within the present paper a new phenomenon has been elaborated - a phenomenon of expanding jurisdiction of the present international criminal courts. At the moment there are two ad hoc International Criminal Tribunals, one permanent International Criminal Court and several hybrid and internationalized international criminal courts. Ad hoc Tribunals are in the phase of transformation into the UN Mechanism for the International Criminal Tribunals, as a completely new forum, thus expanding Tribunals jurisdiction in a new direction. As for the International Criminal Court, desirable mode of its expanding is through the increase of its member states, in the overall list of member-states. What is happening in reality is that states are approaching ad hoc at the ICC's docket, as the situation directs them. Tendency in the realm of the international criminal judiciary is that creation of new international criminal courts is expected, although not warmly accepted. With the multiple international criminal courts existing, in the same ratione materiae jurisdiction, it is highly expected that the overlaps will occur as well as the expanding of the jurisdiction that is beyond the usual terms of norms interpretation. The focus of this paper is on a dilemma - whether such a situation will provoke coherence or chaos.
Highlights
There is an overwhelming idea that above all institutions and organs the judiciary must keep impartiality
The best illustration of the issues elaborated within this paper is the attitude of ad hoc Tribunal for former Yugoslavia in the matter of crimes occurred on the territory of Kosovo and Albania
The mentioned example shows that expanding of the jurisdiction is more likely to provoke chaos than coherence
Summary
There is an overwhelming idea that above all institutions and organs the judiciary must keep impartiality. Competing Jurisdiction between ICTY, ICTR and the UN Mechanism for International Criminal Tribunals In both ad hoc Tribunals Statutes time frame was not set in the definite framework. The fact that the crimes which were committed at Kosovo were [104] NBP Žurnal za kriminalistiku i pravo not prosecuted, either by the ICTY or the Kosovo courts, appeared due to the Council of Europe report completed by Dick Marty.[19] While exploring the Kosovo situation, Dick Marty discovered the facts on organ trafficking connected to the war crimes that occurred on the territory of Kosovo and north Albania during the period 1998-2000.20 In his findings a number of Kosovo Liberation Army (KLA) members were accused of abduction and forced organ removal. Shortcomings in this syllogism rest on the fact that was not elaborated, and that is that victims who had their organs removed were kidnaped on the territory of Kosovo, during the civil war, transferred to the North of Albania, where the crimes were executed
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
