Przyszłość międzynarodowych trybunałów karnych ad hoc. Strategie zakończenia oraz rozwiązania rezydualne, ze szczególnym uwzględnieniem i Międzynarodowego Trybunału Karnego dla byłej Jugosławii

• Authors: Dorota Heidrich

Title variants

EN

The Future of International Criminal Ad Hoc Tribunals. Completion Strategies and Residual Solutions, with Special Attention to the International Criminal Tribunal for the Former Yugoslavia

• Languages of publication: PL EN

Abstracts

EN

The international criminal ad hoc tribunals were created as an answer to crimes committed in the bloody conflicts of the last decade of the twentieth century. Except for the International Criminal Court, which has a permanent nature, all the ad hoc tribunals were set up as institutions with a limited lifespan. In the beginning of the new century, questions arose about the possible dates of completion of their activities. In 2003, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) worked out the so called Completion Strategies, endorsed by the UN Security Council later that year. These strategies assumed that all activities of the two Tribunals should be finalised by 2010. Yet, even before that date, it became clear that these institutions were overloaded with work and it was unrealistic to hope that they would meet the indicated deadline. In the meantime, another temporary criminal tribunal, the Special Court for Sierra Leone (SC-SL) was coming closer to finalising the majority of trials. At that time, it was unclear what steps should be taken regarding the remaining tribunalsé residual functions, which would need to be taken care of even if most of the cases would have been completed. As regards the ICTY and the ICTR, the Security Council, by means of its resolution, determined in December 2010 that the International Residual Mechanism for Criminal Tribunals would be set up. As far as the SC-SL is concerned, the government of Sierra Leone signed an agreement with the UN (August 2010) to create the Residual Special Court for Sierra Leone. The two recently formed international jurisdictions are supposed to replace the ICTY, the ICTR and the SC-SL (respectively). This article puts emphasis on the International Residual Mechanism for the ad hoc tribunals and attempts to present challenges that international criminal jurisdic¬tions are facing today and are about to face in the future.

Keywords

EN

Yugoslavia; International Criminal Tribunals

• Publisher: Centre for Europe, University of Warsaw
• Journal: Studia Europejskie-Studies in European Affairs
• Year: 2013
• Issue: 3
• Pages: s.159-184

Contributors

author

Dorota Heidrich

• adiunkt w Zakładzie Prawa i Instytucji Międzynarodo¬wych Instytutu Stosunków Międzynarodowych Uniwersytetu Warszawskiego. Absolwentka ISM UW ora Instytutu Krajów Rozwijających się WGiSR UW