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The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie
The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie
Faculty Publications
In August 2009 the International Criminal Court (ICC) granted the interim release of the Congolese alleged warlord, Jean-Pierre Bemba, who has been accused of war crimes and crimes against humanity in the Central African Republic. This decision left Bemba poised to become the first ICC accused ever to enjoy pre-trial release. Of comparable significance, because the decision draws upon relevant jurisprudence from the International Criminal Tribunal for the former Yugoslavia (ICTY), it highlights the potentially powerful influence of ICTY precedent upon a growing field of international and internationalized criminal justice institutions. The new Bemba release decision is just one in …