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Evaluation the International Criminal Tribunal for the Former Yugoslavia - Research Paper Example

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From the paper "Evaluation the International Criminal Tribunal for the Former Yugoslavia" it is clear that as a tribunal, the ICTY has been the first tribunal which was established under the U.N. Charter’s Chapter VII. It has also been regarded as one of the first war crimes tribunals ever created…
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Evaluation the International Criminal Tribunal for the Former Yugoslavia
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Download file to see previous pages It was extremely important for the international community to step in and secure justice for the citizens of Yugoslavia since order and justice were failing. The enforcement of human rights and establishing the foundation for effective conflict resolution and post-conflict development has been one of the guiding principles of the ICTY.
The establishment of the International Criminal Tribunal for the former Yugoslavia by the United Nations was one of the precedents which paved the way for multilateral action by the international community and nation-states concerned about the declining administrative conditions of former Yugoslavia. However, there are a few shortcomings with the ICTY. One of the major shortcomings is that it is an organization which is ad hoc in nature, which in turn makes it a very problematic institution having a number of limitations. It might have some shortcomings; however, the advantages far outweigh the disadvantages of The International Criminal Tribunal for the former Yugoslavia. And the major advantage of having ICTY is that it lays the groundwork for international law and politics and helps in the establishment of the International Criminal Court or the ICC. The ICC serves as a permanent mechanism which enforces justice. Peter Radan(2002, p.201) states ‘With the exception of Bosnia-Hercegovina, for all the secessions of and within Yugoslavia’s republics, it was explicitly claimed that they were justified on the basis of the right of peoples to self-determination. This is apparent from the various declarations of independence and constitutions adopted by the seceding entities. Bosnia-Hercegovina was a special case due to the absence from that republic of a dominant national group. However, self-determination was still a significant factor.  ...Download file to see next pagesRead More
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