The Legal Character and Status of the Rules of Procedure and Evidence of the ad hoc International Criminal Tribunals

The Legal Character and Status of the Rules of Procedure and Evidence of the ad hoc International... International Criminal Law Review 1: 191–239, 2001. © 2002 Kluwer Law International. Printed in the Netherlands. 191 The Legal Character and Status of the Rules of Procedure and Evidence of the ad hoc International Criminal Tribunals DARYL A. MUNDIS ∗ Introduction Notwithstanding the proliferation of judicial decisions emanating from the Trial Chambers and Appeals Chambers of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) (hereinafter, ‘the ad hoc Tribunals’ or ‘the Tribunals’), numerous questions arise concerning the legal character and status of the Statutes 1 and Rules of Procedure and Evidence 2 (RPE or ‘Rules’) of the Tribunals. Such questions include, inter alia , the following: • What is the hierarchy of norms between the Statutes, Rules and adminis- trative directives? • Are the Chambers bound to apply the Rules or may they exercise dis- cretion with respect to the applicability of the Rules if circumstances warrant? • Can the Plenary reverse a Decision of a Chamber by enacting a sub- sequent amendment to the Rules? ∗ Legal Officer, Legal Advisory Section; ICTY Office of the Prosecutor, PhD candidate (public international law), The London School of Economics, University of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Legal Character and Status of the Rules of Procedure and Evidence of the ad hoc International Criminal Tribunals

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Publisher
Martinus Nijhoff
Copyright
© 2001 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/15718120121002621
Publisher site
See Article on Publisher Site

Abstract

International Criminal Law Review 1: 191–239, 2001. © 2002 Kluwer Law International. Printed in the Netherlands. 191 The Legal Character and Status of the Rules of Procedure and Evidence of the ad hoc International Criminal Tribunals DARYL A. MUNDIS ∗ Introduction Notwithstanding the proliferation of judicial decisions emanating from the Trial Chambers and Appeals Chambers of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) (hereinafter, ‘the ad hoc Tribunals’ or ‘the Tribunals’), numerous questions arise concerning the legal character and status of the Statutes 1 and Rules of Procedure and Evidence 2 (RPE or ‘Rules’) of the Tribunals. Such questions include, inter alia , the following: • What is the hierarchy of norms between the Statutes, Rules and adminis- trative directives? • Are the Chambers bound to apply the Rules or may they exercise dis- cretion with respect to the applicability of the Rules if circumstances warrant? • Can the Plenary reverse a Decision of a Chamber by enacting a sub- sequent amendment to the Rules? ∗ Legal Officer, Legal Advisory Section; ICTY Office of the Prosecutor, PhD candidate (public international law), The London School of Economics, University of

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2001

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