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Article: The tribunal and the ICC: do precedents matter? (International Criminal Court)(Conceptualizing Violence: Present and Future Developments in International Law)
- Article from:
- Albany Law Review
- Article date:
- March 22, 1997
- Author:
CopyrightCOPYRIGHT 1997 Albany Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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INTRODUCTION
Conventional wisdom has it that the success, or failure, of the ad hoc Criminal Tribunal for the Former Yugoslavia (the Tribunal) will have a critical impact on the establishment of a permanent International Criminal Court (ICC).(1) The exact meaning of "success" is rarely defined: it usually denotes the Tribunal's ability to actually try persons indicted for crimes within its jurisdiction. This definition of success fails, however, to properly delineate the Tribunal's responsibility for bringing war crimes suspects to justice. It overlooks the fact that the Tribunal is not equipped with the means of physically apprehending indictees and that this ...