Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International Criminal Court, and Their Possible Implications for the Relationship between the Court and the Security Council

Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International... Nordic Journal of International Law 69: 87–113, 2000. © 2000 Kluwer Law International. Printed in the Netherlands. 87 Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International Criminal Court, and Their Possible Implications for the Relationship between the Court and the Security Council MORTEN BERGSMO Legal Advisor in the Legal Advisory Section of the Office of the Prosecutor of the ICTY 1. Of the Background to State Concerns That International Justice Mandates Can Obstruct the Dictates of Peace We have come a long way in rationalising the co-existence between interna- tional peace and justice mandates since the Commission of Experts and the International Criminal Tribunal for the former Yugoslavia 1 were established in 1992–1993. At that time, uncertainty and discomfort were experienced among the ranks of those entrusted with the tasks of keeping and policing fragile cease-fire agreements and with negotiating a lasting peace settlement in the former Yugoslavia. The concerns were multiple, as were, it must be conceded, the degrees of sincerity. Many thought that the stigma associated with likely international indictments of leaders from the former Yugoslavia This note was prepared on the basis of a presentation made at a seminar dedicated http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Nordic Journal of International Law Brill

Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International Criminal Court, and Their Possible Implications for the Relationship between the Court and the Security Council

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Publisher
Brill
Copyright
© 2000 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0902-7351
eISSN
1571-8107
D.O.I.
10.1163/15718100020296206
Publisher site
See Article on Publisher Site

Abstract

Nordic Journal of International Law 69: 87–113, 2000. © 2000 Kluwer Law International. Printed in the Netherlands. 87 Occasional Remarks on Certain State Concerns about the Jurisdictional Reach of the International Criminal Court, and Their Possible Implications for the Relationship between the Court and the Security Council MORTEN BERGSMO Legal Advisor in the Legal Advisory Section of the Office of the Prosecutor of the ICTY 1. Of the Background to State Concerns That International Justice Mandates Can Obstruct the Dictates of Peace We have come a long way in rationalising the co-existence between interna- tional peace and justice mandates since the Commission of Experts and the International Criminal Tribunal for the former Yugoslavia 1 were established in 1992–1993. At that time, uncertainty and discomfort were experienced among the ranks of those entrusted with the tasks of keeping and policing fragile cease-fire agreements and with negotiating a lasting peace settlement in the former Yugoslavia. The concerns were multiple, as were, it must be conceded, the degrees of sincerity. Many thought that the stigma associated with likely international indictments of leaders from the former Yugoslavia This note was prepared on the basis of a presentation made at a seminar dedicated

Journal

Nordic Journal of International LawBrill

Published: Jan 1, 2000

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