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2009

ICTY

Selected Works

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Full-Text Articles in Law

Amnesty At The Icty; An Analysis Of The Karadzic Immunity Decision, Benjamin E. Brockman-Hawe Jan 2009

Amnesty At The Icty; An Analysis Of The Karadzic Immunity Decision, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

On 17 December 2008 the ICTY promulgated its Decision on the Accused's Second Motion for Inspection and Disclosure: Immunity Issue, in which a Trial Chamber considered the legal significance of an alleged agreement to immunize Radovan Karadzic from prosecution before the ICTY. The Trial Chamber concluded that under customary international law an immunity agreement does not operate to remove the jurisdiction of an international court. This article examines the decision of the Court, and evaluates the current status of amnesties before the ICTY with reference to opinio juris, state practice, and the rules governing the functioning of the Court.