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International Judicial Intervention: the International Criminal Tribunal for the Former Yugoslavia

International Judicial Intervention: the International Criminal Tribunal for the Former Yugoslavia SAGE Publications, Inc.2000DOI: 10.1177/004711780001500202 Rachel Kerr The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established by the United Nations Security Council to prosecute individuals responsible for violations of international humanitarian law in the territory of the former Yugoslavia since 1991.1 It is the first attempt, since the Nuremberg and Tokyo trials, to conduct judicial proceedings against perpetrators of international crimes in an international court. Unlike the post-Second World War tribunals, however, the ICTY is criminal not military, and is truly international in character, having been established by the UN Security Council in exercise of its responsibility for international peace and security. The Tribunal was established and the Statute adopted by the Security Council in Resolution 827, on 25 May 1993. The decision by the Security Council to establish such a tribunal is an extremely significant innovation in the use of its mandatory Chapter VII enforcement powers. The ICTY represents a form of intervention labelled 'International Judicial Intervention'.2 It is International in the sense that it was established on behalf of the international community by the UN Security Council. Judicial denotes the rule of law, and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Relations SAGE

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