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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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Introductory Note

Introductory Note

The International Criminal Tribunal for the Former Yugoslavia in 2012

(p.495) Introductory Note
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I

Rafael Nieto-Navia

Oxford University Press

The purpose of this chapter is to summarize the decisions adopted by the ICTY. Information on the facts of the case and on the reasoning and decision of the Chamber is given. Some comments by the author are also added. In 2012 the Chambers acquitted some of the Accused. In a case re-tried by order of the Appeals Chamber, the judges retrying Haradinaj et al., considered that the evidence presented by the Prosecutor on the Joint Criminal Enterprise was not convincing. In Gotovina et al., the Appeals Chamber entered a verdict of acquittal on the responsibility of the Accused by supposedly unlawful artillery attacks in Croatia. These decisions are important because they clearly show that the somehow extended idea that the ICTY always convict is not correct, although most of the cases reach the Tribunal after careful investigation. In the other cases the Accused were convicted, Tolimir et al. by the genocide in Srebrenica and Lukič et al. by the horrible crime of burning alive Muslim civilians.

Keywords:   joint criminal enterprise, Srebrenica, artillery attacks, circumstantial evidence, fair trial rights, jurisprudence, identification of witnesses

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