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International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991: Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal

Published online by Cambridge University Press:  18 May 2017

Abstract

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Type
Reports and Other Documents
Copyright
Copyright © American Society of International Law 1994

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References

* [Reproduced from UN Document IT/38/Rev.3 of May 10, 1994. [United Nations Security Council Resolution 827, of May 25, 1993, relating the Statute establishing the Tribunal appears at 32 I.L.M. 1203 (1993), and the UN Secretary-General's Report containing the Statute of the International Tribunal appears at 321.L.M. 1159 (1993). The Tribunal Rules of Procedure and Evidence, adopted on February 11, 1994, appear at 33 I.L.M. 484 (1994). A subsequent amendment to Rule 96 concerning evidence in cases of sexual assault, of May 5, 1994, can be found at 331.L.M. 838 (1994), while Rule 70 concerning matters not subject to disclosure, as amended on October 4, 1994, is reproduced at 33 I.L.M. 1620 (1994). The Tribunal Report and Directive on Assignment of Defence Counsel appears at 33 I.L.M. 1576 (1994).

[At present, the Prosecutor's Office is investigating twelve cases involving multiple suspects. In October, the Prosecutor lodged, with the Registrar, an application concerning one particularly important case then pending before German authorities. In early November, the Trial Chamber held a hearing at The Hague to examine the application of the case, which involves charges of genocide, ethnic cleansing, torture, rape and murder of civilians and prisoners of war, as well as statements made by the German government and the defence counsel. The Trial Chamber upheld the Prosecutor's application and requested Germany to remit the case to the International Tribunal. The Prosecutor issued an indictment involving charges of gross violations of the Geneva Conventions and of the laws and customs of warfare, as well as charges of crimes against humanity. The indictment was confirmed by the reviewing Judge and two arrest warrants addressed to the relevant national authorities were issued.]