International law, Sixth edition
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International Law MALCOLM N. SHAW
Prosecutor v. Radovan Stankovi´c, ICTY, Case No. IT-96-23/2-AR11 bis.1, Decision on Rule
11 bis Referral (Appeals Chamber), 1 September 2005, para. 30. i n d i v i d ua l c r i m i na l r e s p o n s i b i l i t y 427 panel. The Office of the Prosecutor of the State Court includes a Special Department for War Crimes and there are five international prosecutors and one international acting prosecutor, as well as eight local prosecutors, including the deputy prosecutor. 165 The Registry manages the process of appointing and engaging international judges and prosecutors. The in- ternational judges are appointed by the High Representative after a joint recommendation of the President of the State Court and the President of the High Judicial and Prosecutorial Council, while the international prosecutors are appointed by the High Representative following a joint recommendation from the Bosnian Chief Prosecutor, the President of the High Judicial and Prosecutorial Council and the Registry. 166 As of October 2006, the Chamber had confirmed a total of eighteen indictments involving thirty-two defendants. In addition to cases initiated locally, the Chamber had received five Rule 11 bis referrals, involving nine accused, from the ICTY. 167 The applicable law is that of Bosnia, including criminal and criminal procedure codes introduced by the High Representative in 2003. The Special Tribunal for Lebanon 168 Following the assassination of Rafiq Hariri, the former Prime Minis- ter of Lebanon, in February 2005, the Security Council established an International Independent Investigation Commission to aid the Lebanese authorities in their investigation. As a result of its report and the request of the Lebanese government to establish ‘a tribunal of an international character’ to try those persons accused of the assassination, 169 the Security Council adopted resolution 1664 (2006) calling upon the UN Secretary- General to negotiate an agreement with the government of Lebanon aimed at establishing a tribunal of an international character based on the high- est international standards of criminal justice. The Secretary-General’s report 170 was accepted by the Council in resolution 1757 (2007). Acting 165 See Human Rights Watch, Looking for Justice, pp. 4 ff. 166 The appointments by the High Representative are made under the powers vested in him by article 5, annex 10, of the Dayton Peace Accord. 167 See Human Rights Watch, Narrowing the Impunity Gap, p. 5. 168 See e.g. Cryer et al., Introduction to International Criminal Law, p. 155; B. Fassbender, ‘Reflections on the International Legality of the Special Tribunal for Lebanon’, C. Aptel, ‘Some Innovations in the Statute of the Special Tribunal for Lebanon’, and N. N. Jurdi, ‘The Subject-Matter Jurisdiction of the Special Tribunal for Lebanon’, 5 Journal of International Criminal Justice, 2007, pp. 1091, 1107 and 1125 respectively. 169 See Security Council resolutions 1595 (2005), 1636 (2005) and 1644 (2005). See also S/2005/783 and S/2006/375. 170 S/2006/893 and S/2007/150. See resolutions 1686 (2006) and 1748 (2007) calling for the work of the Commission to continue. 428 i n t e r nat i o na l l aw under Chapter VII of the Charter, the Council established the Special Tribunal for Lebanon by virtue of an agreement with the government of Lebanon, annexed to the resolution. The Statute of the Tribunal is attached to the agreement. The Tribunal has jurisdiction not only with regard to those re- sponsible for the assassination of Rafiq Hariri but also with regard to those responsible for other attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005, or any later date decided by the Download 7.77 Mb. Do'stlaringiz bilan baham: |
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