(3) International Courts and Tribunals

• What are Ad Hoc Tribunals?

  Temporary courts for specific legal cases
• What does ICTY stand for?

  International Criminal Tribunal for Yugoslavia
• What was the purpose of the Nuremberg and Tokyo trials?

  To prosecute war crimes and crimes against humanity
• What historical context led to the formation of the ICTY?

  Yugoslavia's history and post-war conflicts
• How many countries did Yugoslavia split into?

  Seven different countries
• What was the focus of the ICTY?

  Genocide and crimes against humanitarian law
• What was the Tadic case known for?

  First ICTY trial
• What was significant about the Bilijana Plasivc case?

  First guilty plea in ICTY
• What was notable about the Slobodan Milosevic trial?

  First trial of a sitting head of state
• What did the Krystic case address?

  Srebrenica genocide convention
• Who were the architects of genocide in the Mladic and Karadzic cases?

  Mladic and Karadzic
• What procedural safeguards were in place at the ICTY?

  • Right to legal counsel
  • Access to evidence and witnesses
  • Fair trial rights
• What happens if an accused cannot afford legal representation at the ICTY?

  ICTY provides financial assistance
• What right do defendants have regarding self-representation?

  Defendants can represent themselves
• What can defense teams do in the ICTY?

  Present evidence and cross-examine witnesses
• What right do individuals have regarding verdicts in the ICTY?

  Right to appeal verdicts
• What was the Rwandan genocide characterized by?

  Mass violence against Tutsi minority
• What percentage of the Tutsi population died during the Rwandan genocide?

  Up to 70%
• What was the international response to the Rwandan genocide?

  Failure to intervene effectively
• What does ICTR stand for?

  International Criminal Tribunal for Rwanda
• What was significant about the ICTR's recognition of rape?

  First tribunal to recognize rape as genocide
• Where was the ICTR based?

  Based in Tanzania
• What was a key development in law from the ICTR?

  First under genocide convention
• What were some criticisms of the ICTR?

  High costs and delays in justice
• What are difficulties associated with ad hoc tribunals?

  Criticism of retrospective justice and legitimacy
• What historical efforts have been made for international criminal accountability?

  Calls for the court since the 19th century
• What issues divide the ICC's jurisdiction?

  Independence of the prosecutor and included crimes
• What is the Rome Statute?

  Agreement adopted on July 17, 1998
• How many countries were in favor of the Rome Statute?

  120 in favor
• Which countries were against the Rome Statute?

  USA, Libya, Israel, Iraq
• What is the ICC's focus regarding international crimes?

  Focus on genocide, war crimes, and crimes against humanity
• What is the principle of complementarity in the ICC?

  ICC acts when national courts are unable
• What role does the prosecution have in the ICC?

  May begin investigations on own initiative
• What does the pre-trial chamber do in the ICC?

  Authorizes proceedings and issues arrest warrants
• What is the judicial system of the ICC based on?

  Mixed models with presumption of innocence
• What are key procedures in ICC trials?

  Three judge quorum and majority decision
• What actions can be taken for ICC enforcement?

  State action and UNSC reference to prosecutor
• What is the role of victims in the ICC?

  Opportunity to be heard and seek justice
• What are the key articles related to victims in the ICC?

  • Article 68: Rights of victims
  • Article 79: Victims and witness unit