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An international criminal tribunal: The difficult union of principle and politics

  • Establishment of the Tribunal
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References

  1. Attorney-General of Israel v. Eichmann, 36 I.L.R. 5 (Jerusalem Dist. Ct. 1961),aff'd, 36 I.L.R. 277 (Isr. 1962). For background and references, see Geoff Gilbert,Aspects of Extradition Law 184–85 (1991); Kenneth C. Randall,Universal Jurisdiction under International Law, 66 Tex. L. Rev. 785, 810–15 (1988); Helen Silving,In re Eichmann: A Dilemma of Law and Morality, 55 Am. J. Int'l L. 307 (1961); Ralph G. Steinhardt,Statement before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, U.S. House of Representatives, 4 Crim. L.F. 135, 144–45 & nn. 12-13 (1993) (testifying on United States v. Alvarez-Machain, 504 U.S. 655 (1992)); Julius Stone, The Eichmann Trial and the Rule of Law, Address to the Australian Section of the International Commission of Jurists (July 10, 1961) (transcript on file with theBoston University Law Review).

  2. For background, see 1 Benjamin Ferencz,Defining International Aggression (1975); M. Cherif Bassiouni,The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991); Jules Deschênes,Toward International Criminal Justice, in this issue ofCriminal Law Forum; Report on the International Meeting of Experts on the Establishment of an International Criminal Tribunal (International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, British Columbia, Canada, Mar. 22–26, 1993) [hereinafterExpert Report];see also sources citedinfra note 9.See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text.

  3. The International Military Tribunal at Nuremberg was established pursuant to Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 82 U.N.T.S. 279. The Charter of the International Military Tribunal at Nuremberg is set out inid. at 284 [hereinafter Nuremberg Charter]. The International Military Tribunal for the Far East was established in Tokyo pursuant to Special Proclamation by the Supreme Commander for the Allied Powers, Establishment of an International Tribunal for the Far East, Jan. 19, 1946, 4 Bevans 20,reprinted in 1 Ferencz,supra note 2Defining International Aggression (1975) at 522, and it operated pursuant to Charter of the International Military Tribunal for the Far East, Jan. 19, 1946 (as amended Apr. 26, 1946), 4 Bevans 21,reprinted in 1 Ferencz,supra, at 523.

  4. For references and a discussion of the Hague and Geneva conventions, see Albert P. Blaustein et al.,Human Rights Sourcebook 661-88 (1987).

  5. The Nuremberg Charter,supra note 3 The International Military Tribunal at Nuremberg was established pursuant to Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, Aug. 8, 1945, 82 U.N.T.S. 279. The Charter of the International Military Tribunal at Nuremberg is set out inid. at 284 [hereinafter Nuremberg Charter]. at 523, art. 6, provides: The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:—(a)Crimes against peace: namely, planning, preparation, initiation or waging a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing. (b)War crimes: namely, violations of the laws or customs of war ... [including] murder, ill-treatment or deportation to slave labour or for any other purpose of civilian population ..., murder or ill-treatment of prisoners of war ... killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity. (c)Crimes against humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organisers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

  6. For background, see Richard H. Minear,Victors' Justice: The Tokyo War Crimes Trial (1971); William B. Simons,The Jurisdictional Bases of the International Military Tribunal at Nuremberg, inThe Nuremberg Trial and International Law 39 (George Ginsburgs & V.N. Kudriavtsev eds., 1990);see also Theodor Meron, Editorial Comment,War Crimes in Yugoslavia and the Development of International Law, 88 Am. J. Int'l L. 78, 83–87 (1994) (comparing the Statute of the Tribunal and the Nuremberg Charter).

  7. See M. Cherif Bassiouni,Draft Statute—International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993); Bassiouni,supra note 2,The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991) at 7–11.

  8. E.g., Commentaries on the International Law Commission's 1991 Draft Code of Crimes against the Peace and Security of Mankind (M. Cherif Bassiouni ed., Association Internationale de Droit Pénal, Nouvelles Études Penales No. 11, 1993); M. Cherif Bassiouni,Crimes against Humanity in International Criminal Law (1992); Bassiouni,supra note 2;The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991)see also works by Bassiouni citedinfra note 9See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987)

  9. See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra note 28 G.A. Res. 174 (II), U.N. Doc. A/519, at 105 (1947) (establishing the ILC); G.A. Res. 177 (II), U.N. Doc. A/519, at 111 (1947) (conferring these responsibilities). For background, seeReport of the International Law Commission on Its Forty-second Session, U.N. GAOR, 45th Sess., Supp. No. 10, at 10–70, U.N. Doc. A/45/10 (1990) [hereinafterILC 42d Session Report];Report of the International Law Commission on Its Thirty-fifth Session, U.N. GAOR, 38th Sess., Supp. No. 10, ¶¶ 26–41, U.N. Doc. A/38/10 (1983), seeinfra note 43 G.A. Res. 48/31, U.N. GAOR, 48th Sess., Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38, G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”). ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994). With strong opposition from the United States, plans to create the international criminal court are now basically on hold.See G.A. Res. 49/53, 84th plen. mtg., U.N. Doc. A/49/53 (1994); Thalif Deen,United Nations: U.N. Split over International Criminal Court, Inter Press Serv., Dec. 21, 1994,available in LEXIS, World Library, Allnws File and accompanying text.

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  10. The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  11. See references in Bassiouni,supra note 9.See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d. rev. ed. 1987); at 1 n. 1.See generally Timothy L.H. McCormack & Gerry J. Simpson,The International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions, 5 Crim. L.F. 1 (1994). This initiative has been largely the province of the International Law Commission (ILC) for over four decades. Draft Code of Offences against the Peace and Security of Mankind (submitted in July 1951), inReport of the International Law Commission on Its Third Session, U.N. GAOR, 6th Sess., Supp. No. 9, at 11, U.N. Doc. A/1858 (1951); Draft Code of Offences (submitted in July 1954), inReport of the International Law Commission on Its Sixth Session, U.N. GAOR, 9th Sess., Supp. No. 9, at 9, U.N. Doc. A/2693 (1954); Draft Code of Crimes against the Peace and Security of Mankind [hereinafter 1991 Draft Code], inReport of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report];Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-Fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report];Report of the Working Group on a Draft Statute for an International Criminal Court [hereinafterILC Draft Statute Report], inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10, at 255, U.N. Doc. A/48/10 (1993) [hereinafterILC 45th Session Report]. On the most recent ILC efforts in this area, seeinfra note 34. At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large part on the extensive work of the special rapporteur.See ILC 43d Session Report, supra note 11, at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur, dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th Session Report]. The Commission decided to refer articles 1–15 of the Draft Code to the drafting committee, “with the understanding that the work on the draft Code and on the draft statute for an international criminal court should be coordinated by the Special Rapporteur on the draft Code and by the Chairman and members of the Drafting Committee and of the Working Group on a Draft Statute for an International Criminal Court”.Id ¶ 92–96. The special part of the Draft Code will be the topic of Mr. Thiam's thirteenth report and is to be taken up by the ILC in 1995 at its forty-seventh session. Thiam,supra note 33, For references to the first ninsreports, seeid. at 10 n. 17; for a references to and summary of the tenth report, seeid. ¶ 11, 24–97; for a reference to and summary of the eleventh report, seeILC 45th Session Report, supra note 11, ¶ 13–14, 33–95; the most recent is Doudou Thiam,Twelfth Report on the Draft Code of Crimes against the Peace and Security of Mankind, U.N. Doc. A/CN.4/460 (1994), submitted to the International Law Commission at its forty-sixth session in May–July 1994. On the ILC's forty-sixth session, seeinfra notes 42-43 and accompanying text. ¶ 1–4, seeinfra note 43. G.A. Res. 48/31, U.N. GAOR, 48th Sess, Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38 G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”). ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994).

  12. By S.C. Res. 935, U.N. SCOR, 49th Year, 3400th mtg. at 1, ¶ 2, U.N. Doc. S/RES/935 (1994),reprinted in appendix D of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions, the Security Council requested the Secretary-General to establish an impartial Commission of Experts to investigate reports of “grave violations of international humanitarian law committed in the territory of Rwanda.” After the Commission issued a preliminary report, Letter from the Secretary-General to the President of the Security Council, Oct. 1, 1994, U.N. Doc. S/1994/1125 (1994), transmittingPreliminary Report of the Independent Commission of Experts Established in Accordance with Security Council Resolution 935 (1994), available in U.N. Gopher/Current Information/Secretary-General Reports, the Security Council voted (in November 1994) to create the International Tribunal for Rwanda, which shares the appeals chamber and the chief prosecutor with the International Tribunal for the Former Yugoslavia, S.C. Res. 955, U.N. SCOR, 49th Year, 3453d mtg. at 1, U.N. Doc. S/RES/955 (1994),reprinted in appendix D of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions. The Commission later issued its final report. Letter from the Secretary-General to the President of the Security Council, Dec. 9, 1994, U.N. Doc. S/1994/1405, (1994) transmitting Final Report of the Commission of Experts Established pursuant to Security Council Resolution 935 (1994), available in U.N. Gopher/Current Information/Secretary-General Reports. For background, see Anthony Goodman,Spain Urges Rwanda War Crimes Commission, Reuters, June 14 1994,available in LEXIS, World Library, Allnws File;Plan for Rwanda War Crimes Trial Gains Backing, Agence France Presse, July 1, 1994,available in LEXIS, World Library, Allnws File; Sue Pleming,Rwandan Government Gears Up for War Tribunal, Reuters, July 23, 1994,available in LEXIS, World Library, Allnws File (discussing the request by the new government of President Pasteur Bizimungu for help from the international community in setting up an international tribunal);U.N. Should Extend Mandate of Crimes Tribunal to Rwanda, Agence France Presse, July 2, 1994,available in LEXIS, World Library, Allnws File (discussing recommendation from the international Commission of Jurists).

  13. S.C. Res. 780,supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A fo this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appedix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report] 2 (requesting the Secretary-General to appoint an investigatory commission “with a view to providing the Secretary-General with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international humanitarian law”).

  14. See generally M. Cherif Bassiouni, Current Developments,The United Nations Commission of Experts Established pursuant to Security Council Resolution 780 (1992), 88 Am. J. Int'l L. 784 (1994); Hilaire McCoubrey,The Armed Conflict in Bosnia and Proposed War Crimes Trials, 11 Int'l Rel. 411 (1993); James C. O'Brien,The International Tribunal for Violations of International Humanitarian Law in the Former Yugoslavia, 87 Am. J. Int'l L. 639 (1993); Elizabeth L. Pearl,Punishing Balkan War Criminals: Could the End of Yugoslavia Provide an, End to Victors' Justice?, 30 Am. Crim. L. Rev. 1373 (1993).

  15. The Commission carried out a series of investigations and issued three reports. letter from the Secretary-General to the President of the Security Council, Feb. 9, 1993, U.N. Doc. S/25274 (1993), transmittingInterim Report of the Commission, of Experts Established pursuant to Security Council Resolution 780 (1992) [hereinafterFirst Interim Report.]; Letter from the Secretary-General to the President of the Security council, Oct. 5, 1993, U.N. Doc. S/26545 (1993), transmittingSecond Interim Report of the Commission of Experts Established pursuant, to Security Council Resolution 780 (1992); Letter from the Secretary-General to the President of the Security Council, May 24, 1994, U.N. Doc. S/1994/674 (1994), transmittingFinal Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992), available in U.N. Gopher/Current Information/Secretary-General's Reports [hereinafterFinal Report]. Over its lifetime, the Commission was not without its share of difficulties. For a detailed discussion, see M. Cherif Bassiouni,The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia, in this issue ofCriminal Law Forum. Most obvious were inadequate funding, personnel problems, and lack of cooperation from officials in the region. Frits Kalshoven, the original chairman, resigned in September 1993, “citing health concerns and frustration over lukewarm U. N. support.” Carol J. Williams,Serbian Authorities Thwart U.N. War Crimes Investigation in Balkans, L.A. Times, Nov. 21, 1993, at A8,available in LEXIS, World Library, Allnws File; Andrew Kelly,Head of U.N. War Crimes Panel Resigns, Reuters, Oct. 1, 1993,available in LEXIS, World Library, Allnws File. On lack of support from the United Nations and opposition from local authorities of gathering evidence, see George Rodrigue,Doubts Surround Opening of Balkan War-Crimes Court, Dallas Morning News, Nov. 15, 1993, at 14A,available in LEXIS, World Libary, Allnws, File; Williams,supra. New appointments to the Commission were announced in October 1993,Women Legal Experts Named to U.N. War Crimes Panel, Reuters, Oct. 21, 1993,available in LEXIS, World Libary, Allnws File (Professor Christine Cleiren and the Hon. Hanne Sophie Greve), and Cherif Bassiouni was named chairman,Security Council Appoints Prosecutor for Balkans War Crimes, UPI, Oct. 21, 1993,available in LEXIS, World Library Allnws File. On the controversial closing down of the Commission, see Bassiouni,supra; see also infra note 143 Philippe Naughton,Yugoslav War Crimes Investigator Assails U.N., Reuters, Mar. 18, 1994,available in LEXIS, World Library, Allnws File. The decision to close down the Commission in April 1994 was highly controversial. To quote a former UN High Commissioner for Refugees: [The] abrupt closing of the investigation before the tribunal is properly up and running is already having consequences on the ground. It has raised doubts about the tribunal's legal authority for completing the exhumation of a mass grave of Croatian victims ... in Vukovar. Future investigations and therefore prosecutions, are also likely to be undercut. For critics of the West's cowardly stance during this savage war ... the tribunal mattered: it offered some prospect of accountability. Although it was never likely that the paper trail would exist to implicate top officials, the successful prosecution of field commanders and local extremists, who encouraged mass rape and murder, might have begun a healing process after the war. Now, though, the neutering of the international tribunal is under way. Only a facade will remain, it seems—one that can be counted on not to produce embarrassing prosecutions.... Sadruddin Aga Khan,supra note 141. Sadruddin Aga Khan,War Crimes without Punishment, N.Y. Times, Feb. 8, 1994, at A23,available in LEXIS, World Library, Allnws File and accompanying text.

  16. First Interim, Report, supra note 15 The Commission carried out a series of investigations and issued three reports. Letter from the Secretary-General to the President of the Security Council, Feb. 9, 1993, U.N. Doc. S/25274 (1993), transmittingInterim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992) [hereinafterFirst Interim Report];Secretary-General's Report, supra note 10, ¶ The principal documents include S. C. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  17. S.C. Res. 808,supra note 10, ¶ 1, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  18. Secretary-General's Report, supra note 10, ¶8, The principal documents include S. C. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  19. S.C. Res 808,supra note 10, ¶ 2., U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  20. S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S. C. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature].

  21. G.A. Dec. 47/328, U.N. GAOR, 47th Sess., Supp. No. 49 (vol. II), at 45, U.N. Doc. A/47/49 (1993). The International Tribunal originally comprised the following judges: Georges Michel Abi-Saab (Egypt), Antonio Cassese (Italy), Jules Deschênes (Canada), Adolphus Godwin Karibi-Whyte (Nigeria), Germain Le Foyer de Costil (France), Li Haopei (China), Gabrielle Kirk McDonald (United States), Elizabeth Odio Benito (Costa Rica), Rustam S. Sidhwa (Pakistan), Sir Ninian Stephen (Australia), and Lal Chand Vohrah (Malaysia).Judge Antonio Cassese of Italy Elected President of International Tribunal for Crimes in Former Yugoslavia, Fed. News Serv., Dec. 2, 1993,available in LEXIS, World Library, Allnws File;U.N. Names 11 to War Crimes Panel: Serbian Leader Says Peace Plan Is Near, Hous. Chronicle, Sept. 18, 1993, at A24,available in LEXIS, World Library, Allnws File. Since the selection of the Tribunal's eleven judges in September 1993, the French candidate resigned for reasons of health and was replaced by another Frenchman, Claude Jorda, under the terms of Stature,supra note 20 S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S. C. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature].See Yougoslavie: Un nouveau juge français au Tribunal international sur les crimes de guerre, Le Monde, Jan. 24, 1994,available in LEXIS, France Library, Presse File. At the court's first session, Judge Cassese was elected president of the Tribunal; Judge Odio Benito, vice-president.International War Crimes Tribunal for Former Yugoslavia Elects Its President, Members of Appeals and Trial Chambers, Fed. News Serv., Nov. 19, 1993,available in LEXIS, World Library, Allnws File.See generally Report on First Session of International Tribunal for War Crimes in Former Yugoslavia, U.N. Press Release, U.N. Doc. SC/5767 (Dec. 23, 1993),available in U.N. Gopher/Current Information/Press Releases.

  22. supra note 6, Meron,see also Theodor Meron Editorial Comment,War Crimes in Yugoslavia and the Development of International Law, 88 Am. J. Int'l L. at 78–79 (1994) (comparing the Statute of the Tribunal and the Nuremberg Charter). (citations omitted).

  23. Bassiouni,supra note 7 M. Cherif Bassiouni,Draft Statute—International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993). Professor Bassiouni has taken an active part in the past four UN Congresses on the Prevention of Crime and the Treatment of Offenders, in particular with regard to the preparation of a draft international criminal code and a draft statute for an international criminal court.Id. M. Cherif Bassiouni,Draft Statute—International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993) at 3–19.

  24. See sources citedsupra notes 2, For background, see 1 Benjamin Ferencz,Defining International Aggression (1975); M. Cherif Bassiouni,The Time Has Come for an International, Criminal Court 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991) Jules Deschênes,Toward International Criminal Justice, in this issue ofCriminal Law Forum; Report on the International Meeting of Experts on the Establishment of an International Criminal Tribunal, (International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, British Columbia, Canada, Mar 22–26, 1993) [hereinafterExpert Report]supra notes 7See M. Cherif Bassiouni,Draft Statute—International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993); Bassiouni,supra note 2,The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991) at 7–11.supra note 9See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An international Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text. 7-9 Meron,supra notesee also Theodor Meron, Editorial Comment,War Crimes in Yugoslavia and the Development of International Law, 88 Am J. Int'l L. 78, 83–87 (1994) (comparing the Statute of the Tribunal and the Nuremberg Charter).

  25. See sources citedsupra note 52,ILC International Criminal Jurisdiction Report, supra note 11, See references in Bassiouni,supra note 9,See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text. at 1 n. 1.See generally Timothy L.H. McCormack & Gerry J. Simpson,The International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions, 5 Crim. L.F. 1 (1994). This initiative has been largely the province of the International Law Commission (ILC) for over four decades. Draft Code of Offences against the Peace and Security of Mankind (submitted in July 1951), inReport of the International Law Commission on Its Third Session, U.N. GAOR, 6th Sess., Supp. No. 9, at 11, U.N. Doc. A/1858 (1951); Draft Code of Offences (submitted in July 1954), inReport of the International Law Commission on Its Sixth Session, U.N. GAOR, 9th Sess., Supp. No. 9, at 9, U.N. Doc. A/2693 (1954); Draft Code of Crimes against the Peace and Security of Mankind [hereinafter 1991 Draft Code], ¶¶ 504–517.supra note 55 Bassiouni,supra note 7,See M. Cherif Bassiouni,Draft Statute-International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993); Bassiouni,supra note 2, For background, see 1 Benjamin Ferencz,Defining International Aggression (1975); M. Cherif Bassiouni,The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991); Jules Deschênes,Toward International Criminal Justice, in this issue ofCriminal Law Forum; Report on the International Meeting of Experts on the Establishment of an International Criminal Tribunal (International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, British Columbia, Candda, Mar. 22–26, 1993) [hereinafterExpert Report];see also sources citedinfra note 9,See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text, at 7–11, at 75–76;see also Letter from the Permanent Representative of the United States of America to the Secretary-General, Apr. 5, 1993, U.N. Doc. S/25575 (1993), transmitting views and proposals on establishing an international criminal tribunal for the former Yugoslavia. According toid. art. 17: (a) Without delay after an accused person comes into the custody of the Tribunal, there shall be a preliminary hearing at which an Indictment shall be presented to the Trial Court and to the accused person. (b) The accused person shall have the right to give an explanation relevant to the charges made against him or her and to enter a plea. (c) After this hearing, the Trial Court shall decide whether there is reasonable cause to hold the accused person over for trial.supra note 58 Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature], arts. 18–19.

  26. Security Council Appoints Procecutor for Balkans War Crimes, supra note 15.See generally supra note 15 on the Commission of Experts. The Commission carried out a series of investigations and issued three reports. Letter from the Secretary-General to the President of the Security Council, Feb. 9, 1993, U.N. Doc. S/25274 (1993), transmittingInterim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992) [hereinafterFirst Interim Report]; Letter from the Secretary-General to the President of the Security Council, Oct. 5, 1993, U.N. Doc. S/26545 (1993), transmittingSecond Interim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992); Letter from the Secretary-General to the President of the Security Council, May 24, 1994, U.N. Doc. S/1994/674 (1994), transmittingFinal Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992), available in U.N. Gopher/Current Information/Secretary-General's Reports [hereinafterFinal Report]. Over its lifertime, the Commission was not without its share of difficulties. For a detailed discussion, see M. Cherif Bassiouni,The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia, in this issue ofCriminal Law Forum. Most obvious were inadequate funding, personnel problems, and lack of cooperation from officials in the region. Frits Kalshoven, the original chairman, resigned in September 1993, “citing health concerns and frustration over lukewarm U.N. suport.” Carol J. Williams,Serbian Authorities Thwart U.N. War Crimes Investigation in Balkans, L.A. Times, Nov. 21, 1993, at A8,available in LEXIS, World Library, Allnws File; Andrew Kelly,Head of U.N. War Crimes Panel Resigns, Reuters, Oct. 1, 1993,available in LEXIS, World Library, Allnws File. On lack of support from the United Nations and opposition from local authorities to gathering evidence, see George Rodrigue,Doubts Surround Opening of Balkan War-Crimes Court, Dallas Morning News, Nov. 15, 1993, at 14A,available in LEXIS, World Library, Allnws File; Williams,supra. New appointments to the Commission were announced in October 1993,Women Legal Experts Named to U.N. War Crimes Panel, Reuters, Oct. 21, 1993,available in LEXIS, World Library, Allnws File (Professor Christine Cleiren and the Hon. Hanne Sophie Greve), and Cherif Bassiouni was named chairman,Security Council Appoints Prosecutor for Balkans War Crimes, UPI, Oct. 21, 1993,available in LEXIS, World Library, Allnws File. On the controversial closing down of the Commission, see Bassiouni,supra; see also infra note 143 and accompanying text.

  27. See sources citedinfra note 103.E.g., Balkans War Crimes Tribunal Blocked by Strains within Security Council, Agence France Presse, Aug. 20, 1993,available in LEXIS, World Library, Allnws File; Paul Lewis,Disputes Hamper U.N. Drive for a War Crimes Tribunal, N.Y. Times, Sept. 9, 1993, at A10,available in LEXIS, World Library, Allnws File; Stanley Meisler,U.N. Is Deadlocked on War-Crimes Prosecutor, Montreal Gazette, Sept. 12, 1993, at B1,available in LEXIS, World Library, Allnws File;Venezuelan on War Crimes Panel: Tribunal Will Probe Atrocities in Former Yugoslavia, Chi. Tribune, Oct. 22, 1993, at 10,available in LEXIS, World Library, Allnws File.

  28. G.A. Res. 174 (II), U.N. Doc. A/519, at 105 (1947) (establishing the ILC); G.A. Res. 177 (II), U.N. Doc. A/519, at 111 (1947) (conferring these responsibilities). For background, seeReport of the International Law Commission on Its Forty-second Session, U.N. GAOR, 45th Sess., Supp. No. 10, at 10–70, U.N. Doc. A/45/10 (1990) [hereinafterILC 42d Session Report];Report of the International Law Commission on Its Thirty-fifth Session, U.N. GAOR, 38th Sess., Supp. No. 10, ¶¶ 26–41, U.N. Doc. A/38/10 (1983).

  29. G.A. Res. 260B (III), U.N. Doc. A/810, at 177 (1948) (requesting the ILC to consider the question of creating an international criminal tribunal); G.A. Res. 489 (V), U.N. GAOR, 5th Sess., Supp. No. 20, at 77, U.N. Doc. A/1775 (1950) (establishing the Committee on Intenrational Criminal Jurisdiction to consider this question); 2 Ferencz,supra note 9, at 5-48 (discussing the history within and outside the United Nations of preparing a code of international crimes and a statute for an international criminal court); James Crawford,The ILC's Draft Statute for an International Criminal Court, 88 Am. J. Int'l L. 140, 141 (1994).

  30. Report of the Committee on International Criminal Jurisdiction on Its Session Held from 1 to 31 August 1951, U.N. GAOR, 7th Sess., Supp. No. 11, at 21, U.N. Doc. A/2136 (1952) (including a draft statute),reprinted in 2 Ferencz,supra note 9, Benjamin Ferencz,An International Criminal Court (1980); at 337;Report of the 1953 Committee on International Criminal Jurisdiction, 27 July-20 August 1953, U.N. GAOR, 9th Sess., Supp. No. 12, at 23, U.N. Doc. A/2645 (1954) (including a revised statute),reprinted in 2 Ferencz,supra, at 429.

  31. Particularly relevant in this regard are G.A. Res. 36/106, U.N. GAOR, 36th Sess., Supp. No. 51, at 239, ¶ 1, U.N. Doc. A/36/51 (1981) (requesting the ILC to resume work on the Draft Code); G.A. Res. 43/164, U.N. GAOR, 43d Sess., Supp. No. 49, at 280, ¶¶ 1–2, U.N. Doc. A/43/49 (1988) (inviting the ILC to continue its work on the Draft Code and its examination of the question of a judicial, mechanism to enforce it); G.A. Res. 44/39, U.N. GAOR, 44th Sess., Supp. No. 49, at 311, ¶ 1, U.N. Doc. A/44/49 (1989) (requesting the ILC, in continuing its work on the Draft Code, to “address the question of establishing an international criminal court ... with jurisdiction over persons alleged to have committed crimes which may be covered under such a code of crimes”); G.A. Res. 45/41, U.N. GAOR, 45th Sess., Supp. No. 49a, at 363, ¶ 3, U.N. Doc. A/45/49 (1990) (requesting the ILC, in its work on the Draft Code, to consider further the possibility of establishing an internatinal criminal court or other international criminal trial mechanism); G.A. Res. 46/54, U.N. GAOR, 46th Sess., Supp. No. 49, at 286, ¶ 3, U.N. Doc. A/46/49 (1991) (reiterating this request).For some background,see ILC 42d Session Report, supra note 28, G.A. Res. 174 (II), U.N. Doc. A/519, at 105 (1947) (establishing the ILC); G.A. Res. 177 (II), U.N. Doc. A/519, at 111 (1947) (conferring these responsibilities). U.N. GAOR, 45th Sess., Supp. No. 10, at 10–70, U.N. Doc. A/45/10 (1990) [hereinafterILC 42d Session Report];Report of the International Law Commission on Its Thirty-fifth Session, U.N. GAOR, 38th Sess., Supp. No. 10, ¶¶ 26–41, U.N. Doc. A/38/10 (1983). at 36–54. For the latest developments, seeinfra notes 34, At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large parr on the extensive work of the special rapporteur.See ILC 43d Session Report, supra, note 11,Report of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur, dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th Session Report]. The Commission decided to refer articles 1–15 of the Draft Code to the drafting committee, “with the understanding that the work on the draft Code and on the draft statute for an international criminal court should be coordinated by the Special Rapporteur on the draft Code and by the Chairman and members of the Drafting Committee and of the Working Group on a Draft Statute for an International Criminal Court.”Id. ¶¶ 92–96. The special part of the Draft Code will be the topic of Mr. Thiam's thirteenth report and is to be taken up by the ILC in 1995 at its forty-seventh session. seeinfra note G.A. Res. 48/31, U.N. GAOR, 48th Sess., Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38, G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”). ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994). With strong opposition from the United States, plans to create the international criminal court are now basically on hold.See G.A. Res. 49/53, 84th plen. mtg., U.N. Doc. A/49/53 (1994); Thalif Deen,United Nations: U.N. Split over International Criminal Court, Inter Press Serv., Dec. 21, 1994,available in LEXIS, World Library, Allnws File.

  32. See ILC 44th Session Report supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report]; ¶¶ 20–21.

  33. For references to the first nine reports seeid. Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 17, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report]; ¶¶ 20–21; for a reference to and summary of the tenth report, seeid. See ILC 45th Session Report, supra note 11, inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10, at 255, U.N. Doc. A/48/10 (1993) [hereinafterILC 45th Session Report], ¶¶13–14, 33–95; the most recent is Doudou Thiam,Twelfth Report on the Draft Code of Crimes against the peace and Security of Mankind, U. N. Doc. A/CN.4/460 (1994), submitted to the International Law Commission at its forty-sixth session in May-July 1994. On the ILC's forty-sixth session, seeinfra note 42 Draft Statute for an International Criminal Court, inILC 46th Session Report, supra note 34, At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large parr on the extensive work of the special rapporteur.See ILC 43d Session Report, supra note 11, inReport of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur, dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th Session Report]. at 43. seeinfra note 42 G.A. Res. 48/31, U.N. GAOR, 48th Sess., Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38, G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”). ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994). With strong opposition from the United States, plans to create the international criminal court are now basically on hold.See G.A. Res. 49/53, 84th plen. mtg., U.N. Doc. A/49/53 (1994); Thalif Deen,United Nations: U.N. Split over International Criminal Court, Inter Press Serv., Dec. 21, 1994,available in LEXIS, World Library, Allnws File.

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  34. At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large part on the extensive work of the special rapporteur.See ILC 43d Session Report, supra note 11, inReprot of the Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur., dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments, on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th, Session Report]. The Commussion decided to refer articles 1–15 of the Draft Code to the drafting committee, “with the understanding that the work on the draft Code and on the draft statute for an international criminal court should be coordinated by the Special Rapporteur on the draft Code and by the Chairman and memebers of the Drafting Committee and of the Working Group on a Draft Statute for an International Criminal Court.”Id. Reprot of the Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; ¶¶92–96. The special part of the Draft Code will, be the topic of Mr. Thiam's thirteenth report and is to be taken up bythe ILC in 1995 at its forty-seventh session. Thiam,supra note 33, For references to the first nine reports, seeid. at 10 n. 17; for a reference to and summary of the tenth report, seeid. See ILC 44th Session Report, supra note 11, inReport of the Working Group on the Question of an International Criminal Jurisdiction [hereinafter,ILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report]; ¶¶ 20–21. 24–97; for a reference to and summary of the eleventh report, seeILC 45th Session Report, supra note 11,Reprot of the Working Group on a Draft Statute, for an International Criminal Court [hereinafterILC, Draft Statute Reports] inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10 at 255, U.N. Doc. A/48/10 (1993). [hereinafterILC 45th Session Report]. most recent is Doudou Thiam,Twelfth Report on the Draft Code of Crimes against the Peace and Security of Mankind, U.N. Doc. A/CN.4/460 (1994), submitted to the International Law Commission at its forty-sixth session in May–July 1994. On the ILC's forty-sixth session, seeinfra notes 42-43 and accompanying text. ¶¶ 1–4.

  35. ILC 44th Session Report, supra note 11, inReport of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report]; ¶¶ 6, 393–395.See generally Crawford,supra note 29. G.A. Res. 260B (III), U.N. Doc. A/810, at 177 (1948) (requesting the ILC to consider the question of creating an international criminal tribunal); G.A. Res. 489 (V), U.N. GAOR, 5th Sess., Supp. No. 20, at 77, U.N. Doc. A/1775 (1950) (establishing the Committee on International Criminal Jurisdiction to consider this question); 2 Ferencz,supra note 9,See generally M. Cherif Bassiouni,A Draft International,. Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text. at 5–48 (discussing the history within and outside the United Nations of preparing a code of international crimes and a statute for an international criminal court); James Crawford,The ILC's Draft Statute for an International Criminal Court, 88 Am. J. Int'l L.: 140, 141 (1994).

  36. ILC International Criminal Jorisdiction Report, supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], ¶¶396, 432, 437,444–448, 452–458. As noted inid Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], at 144 n. 84, individual, rather tha state, responsibility conforms to the approach in the 1991 Draft Code,supra note 11, Draft Code of Offences against the Peace and Security of Mankind (submitted in July 1951), inReport of the International Law Commission on Its Third Session, U.N. GAOR, 6th Sess., Supp. No. 9, at 11, U.N. Doc. A/1858 (1951); Draft Code of Offences (submitted in July 1954), inReport of the International Law Commission on Its Sixth Session, U.N. GAOR, 9th Sess., Supp. No. 9, at 9, U.N. Doc. A/2693 (1954); Draft Code of Crimes against the Peace and Security of Mankind [hereinafter 1991 Draft Code], art. 3

  37. ILC International Criminal Jurisdiction Report, supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], ¶¶449–451

  38. G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”).

  39. ILC Draft Statute Report, supra note 11. Draft Code of Offences against the Peace and Security of Mankind (submitted in July 1951), inReport of the International Law Commission on Its Third Session, U.N. GAOR, 6th Sess., Supp. No. 9, at 11, U.N. Doc. A/1858 (1951); Draft Code of Offences (submitted in July 1954), inReport of the International Law Commission of Its Sixth Session, U.N. GAOR, 9th Sess., Supp. No. 9, at 9, U.N. Doc. A/2693 (1954); Draft Code of Crimes against the Peace and Security of Mankind [hereinafter 1991 Draft Code],

  40. At the ILC's forty-fifth session, the working group was reconvened, with mostly the same members, as the Working Group on a Draft Statute for an International Criminal Court.ILC 45th Session Report, supra note 11,Report of the Working Group on a Draft Statute for an International Criminal Court [hereinafterILC Draft Statute Report], inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10, at 255, U.N. Doc. A/48/10 (1993) [hereinafterILC 45th Session Report]. ¶¶9, 13–14, 96–97.

  41. Id. Report of the Working Group on a Draft Statute for an International Criminal Court [hereinafterILC Draft Statute Report], inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10, at 255, U.N. Doc. A/48/10 (1993) [hereinafterILC 45th Session Report]. ¶ 473; The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report].

  42. Draft Statute for an International Criminal Court, inILC 46th Session Report, supra note 34, At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large parr on the extensive work of the special rapporteur.See ILC 43d Session Report, supra note 11, inReport of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur, dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th Session Report]. at 43.

  43. G.A. Res. 48/31, U.N. GAOR, 48th Sess., Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38, G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49, at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”). ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994). With strong opposition from the United States, plans to create the international criminal court are now basically on hold.See G.A. Res. 49/53, 84th plen. mtg., U.N. Doc. A/49/53 (1994); Thalif Deen,United Nations: U.N. Split over International Criminal Court, Inter Press Serv., Dec. 21, 1994,available in LEXIS, World Library, Allnws File.

  44. CSCE Rapporteurs (Corell-Turk-Thune), Moscow Human Dimension Mechanism to Bosnia, Herzegovina, and Croatia,Proposal for an International War Crimes Tribunal for the Former Yugoslavia (1993) [hereinafter CSCE Proposal]; Letter from the Permanent Representative of Sweden to the Secretary-General, Feb. 18, 1993, U.N. Doc. S/25307 (1993), annexing a summary of CSCE Proposal,supra, and the text of a decision by CSCE participating states on this proposal. The rapporteurs set out a draft convention for an international war crimes tribunal for the former Yugoslavia.

  45. Secretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. ¶ 13.

  46. Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal].

  47. Letter from the Permanent Representative of Italy to the Secretary-General, Feb. 16, 1993, U.N. Doc. S/25300 (1993), transmitting a draft statute for an international criminal tribunal for the former Yugoslavia prepared by a national Commission of Jurists [hereinafter Italian Proposal].

  48. Secretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. ¶ 13.

  49. Expert Report, supra note 2 For background, see 1 Benjamin Ferencz,Defining International Aggression (1975); M. Cherif Bassiouni,The Time Has Come for an International Criminal Court, 1 Ind. Int'l & Comp. L. Rev. 1, 2–4 (1991); Jules Deschênes,Toward International Criminal Justice, in this issue ofCriminal Law Forum; Report on the International Meeting of Experts on the Establishment of an International Criminal Tribunal (International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, British Columbia, Canada, Mar. 22–26, 1993) [hereinafterExpert Report];

  50. Secretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. ¶ 14.

  51. French Proposal,supra note 46, Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal]. at 27–29. In the French proposal, the existing Commission of Experts would fulfill this function.See Alfred de Zayas,The Kalshoven Commission, 6 Leiden J. Int'l L. 131 (1993).

  52. Bassiouni,supra note 7,See M. Cherif Bassiouni,Draft Statute-International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993), at 35, 50–51 (discussing a permanent, rather than an ad hoc, tribunal).

  53. Italian Proposal,supra note 47, Letter from the Permanent Representative of Italy to the Secretary-General, Feb. 16, 1993, U.N. Doc. S/25300 (1993), transmitting a draft statute for an international criminal tribunal for the former Yugoslavia prepared by a national Commission of Jurists [hereinafter Italian Proposal]. art. 9.

  54. ILC International Criminal Jurisdiction Report, supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], ¶¶504–517

  55. Bassiouni,supra note 7,See M. Cherif Bassiouni,Draft Statute-International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993), at 15–76,see also Letter from the Permanent Representative of the United States of America to the Secretary-General, Apr. 5, 1993, U.N. Doc. S/25575 (1993), transmitting views and proposals on establishing an international criminal tribunal for the former Yugoslavia. According toid. art. 17: M. Cherif Bassiouni,Draft Statute-International Tribunal 3–32 (Association Internationale de Droit Pénal, Nouvelles Études Penales No. 10, 2d ed. 1993), art 35, (a) Without delay after an accused person comes into the custody of the Tribunal, there shall be a preliminary hearing at which an Indictment shall be presented to the Trial Court and to the accused person. (b) The accused person shall have the right to give an explanation relevant to the charges made against him or her and to enter a plea. (c) After this hearing, the Trial Court shall decide whether there is reasonable cause to hold the accused person over for trial.

  56. French Proposal,supra note 46, Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal], at 32–33.

  57. Italian Proposal,supra note 47, Letter from the Permanent Representative of Italy to the Secretary-General, Feb. 16, 1993, U.N. Doc. S/25300 (1993), transmitting a draft statute for an international criminal tribunal for the former Yugoslavia prepared by a national Commission of Jurists [hereinafter Italian Proposal], art. 11.

  58. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report]. and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature], arts. 18–19.

  59. French Proposal,supra note 46 Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal], at 30.

  60. Italian Proposal,supra note 47, Letter from the Permanent Representative of Italy to the Secretary-General, Feb. 16, 1993, U.N. Doc. S/25300 (1993), transmitting a draft statute for an international criminal tribunal for the former Yugoslavia prepared by a national Commission of Jurists [hereinafter Italian Proposal], art. 11(d). This is also the position advocated inILC International Criminal Jurisdiction Report, supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report], ¶ 504 (citing International Covenant on Civil and Political Rights,adopted Dec. 19, 1966, art. 14(3)(d), 999 U.N.T.S. 171).

  61. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature], art. 21(4)(d).

  62. French Proposal,supra note 46, Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal], at 41.

  63. CSCE Proposal,supra note 44, CSCE Rapporteurs (Corell-Turk-Thune), Moscow Human Dimension Mechanism to Bosnia, Herzegovina, and Croatia,Proposal for an International War Crimes Tribunal for the Former Yugoslavia (1993) [hereinafter CSCE Proposal]; Letter from the Permanent Representative of Sweden to the Secretary-General, Feb. 18, 1993, U.N. Doc. S/25307 (1993), annexing a summary of CSCE Proposal,supra, and the text of a decision by CSCE participating states on this proposal. The rapporteurs set out a draft convention for an international war crimes tribunal for the former Yugoslavia. at 200–03.

  64. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 27.

  65. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 28;see also S.C. Res. 827,supra note 10, S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203, ¶ 2.

  66. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Stature], art. 1.

  67. E.g., Theodor Meron,The Geneva Conventions as Customary Law, 81 Am. J. Int'l L. 348, 363 (1987) (noting the possibility of deliberate ambiguity in humanitarian instruments); Diane F. Orentlicher,Settling Accounts: The Duty to Prosecute Human Rights Violations of a Prior Regime, 100 Yale L.J. 2537 (1991) (noting ambiguities associated with crimes against humanity); John Embry Parkerson, Jr.,United States Compliance with Humanitarian Law respecting Civilians during Operation Just Cause, 133 Mil. L. Rev. 31 (1991) (noting various ambiguities in the Hague and Geneva conventions and the difficulties these created in the context of the invasion of Panama).See generally McCormack & Simpson,supra note 11.

  68. Secretary-General's Report, supra The princial documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuants to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 note 10, ¶ 34.

  69. Id. ¶ 35 (citations omitted); for the corresponding provisions, see Statute,supra note 20, arts. 2–5 The Stature of the International Tribunal is set our as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecreary-General's Report]. and isreprinted in appendix B of this issue ofCriminal Law Form andin 32 I.L.M. 1192 [hereinafter Statute].

  70. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1. U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 2.

  71. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 3(a)-(e).

  72. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 4(2).

  73. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10 The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163, and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 4(30).

  74. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 48.

  75. Statute,supra note 20 The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 5.

  76. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 6.

  77. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶¶ 50–51.

  78. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 7(1).

  79. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 55.

  80. Id. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 56.

  81. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 7(2), provides that the “official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.”Id. art. 7(3) attributes criminal liability for acts committed by a subordinate to a superior who “knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.”.

  82. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute] art. 7(4), provides that the “official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.”Id. art. 7(3) attributes criminal liability for acts committed by a subordinate to a superior who “knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.”.

  83. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 8, provides that the “official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.”Id. art. 7(3) attributes criminal liability for acts committed by a subordinate to a superior who “knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.”.

  84. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 9(1), provides that the “official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsiblity nor mitigate punishment.”Id. art. 7(3) attributes criminal liability for acts committed by a subordinate to a superior who “knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.”.

  85. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 9(2), provides that the “official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsiblity nor mitigate punishment.”Id. art. 7(3) attributes criminal liability for acts committed by a subordinate to a superior who “knew or had reason to know that the subordinate was about to commit such acts or had done so and the superior failed to take the necessary and reasonable measures to prevent such acts or to punish the perpetrators thereof.”.

  86. See Secretary-General's Report, supra note 10,Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 66.

  87. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 10(1).

  88. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 10(2).

  89. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 11;see Secretary-General's Report, supra note 10,See Secretary-General's Report, supra note 10,Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add. 1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 69–70

  90. Secretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 ¶ 69.

  91. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 12. Assignments to chambers are for a period of one year, after which judges will rotate. The presidency is a two-year term, renewable for an additional two years. On the initial assignments, seeJudge Antonio Cassese of Italy Elected President of International Tribunal for Crimes in Former Yugoslavia, supra note 21. Fed. News Serv., Dec. 2, 1993,available in LEXIS, World Library, Allnws File

  92. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 13(4).

  93. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 13(1).

  94. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 13(2); Anthony Goodman,23 Candidates Picked for 11-Judge War Crimes Court, Reuters, Aug. 20, 1993,available in LEXIS, World Library, Allnws File. Seesupra note 21 G.A. Dec. 47/328, U.N. GAOR, 47th Sess., Supp. No. 49 (vol. II), at 45, U.N. Doc. A/47/49 (1993). The International Tribunal originally comprised the following judges: Georges Michel Abi-Saab (Egypt), Antonio Cassese (Italy), Jules Deschênes (Canada), Adolphus Godwin Karibi-Whyte (Nigeria), Germain Le Foyer de Costil (France), Li Haopei (China), Gabrielle Kirk McDonald (United States), Elizabeth Odio Benito (Costa Rica), Rustam S. Sidhwa (Pakistan), Sir Ninian Stephen (Australia), and Lal Chand Vohrah (Malaysia).Judge Antonio Cassese of Italy Elected President of International Tribunal for Crimes in Former Yugoslavia, Fed. News Serv., Dec. 2, 1993,available in LEXIS, World Library, Allnws File;U.N. Names 11 to War Crimes Panel: Serbian Leader Says Peace Plan Is Near, Hous. Chronicle, Sept. 18, 1993, at A24,available in LEXIS, World Library, Allnws File. Since the selection of the Tribunal's eleven judges in September 1993, the French candidate resigned for reasons of health and was replaced by another Frenchman, Claude Jorda, under the terms of Statute,supra note 20, art. 13(3).See Yougoslavie: Un nouveau juge français au Tribunal international sur les crimes de guerre, Le Monde, Jan. 24, 1994,available in LEXIS, France Library Presse File. At the court's first session, Judge Cassese was elected president of the Tribunal; Judge Odio Benito, vice-president.International War Crimes Tribunal for Former Yugoslavia Elects Its President, Members of Appeals and Trial Chambers, Fed. News Serv., Nov. 19, 1993,available in LEXIS, World Library, Allnws File.See generally Report on First Session of International Tribunal for War Crimes in Former Yugoslavia, U.N. Press Release, U.N. Doc. SC/5767 (Dec. 23, 1993),available in U.N. Gopher\Current Information\Press Releases and accompanying text.

  95. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10 The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993);reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute] art. 14.

  96. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute]. art. 15.

  97. International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Rules of Procedure and Evidence, U.N. Doc. IT/32 (1994),amended by U.N. Doc. IT/32/Rev.1 (1994),reprinted in appendix C of this issue ofCriminal Law Forum [hereinafter I.T. R. Proc. & Evid.]. The rules regarding sexual assault were amended in May 1994. For a discussion of the rules, see Daniel D. Ntanda Nsereko,Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum.Editor's note: the Rules of Procedure and Evidence were amended Oct. 4, 1994, U.N. Doc. IT/32/Rev.2 (1994), and Jan. 30, 1995, U.N. Doc. IT/32/Rev.3 (1995). This article is based on U.N. Doc. IT/Rev.1. Appendix C prints the most recent text of the rules, U.N. Doc. IT/Rev.3, indicating all deletions from, and additions to, U.N. Doc. IT/32/Rev.1, so that the reader can reconstruct the full text of this carlier version.

  98. International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Rules Governing the Detention of Persons Awaiting Trial or Appeal before the Tribunal or Otherwise Detained on the Authority of the Tribunal, U.N. Doc. IT/38/Rev.3 (1994);International Criminal Tribunal for Former Yugoslavia Adopts Rules of Detention, Fed. News Serv. May 9, 1994,available in LEXIS, World Library, Allnws File;War Crimes Tribunal Says Trials May Begin by Year End, Reuters, May 6, 1994,available in LEXIS, World Library, Allnws File.

  99. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 16.

  100. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art 16(1).

  101. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S;/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 16(2).

  102. Id. The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Reprot of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 16(4).

  103. E.g., Balkans War Crimes Tribunal Blocked by Strains within Security Council, Agence France Presse, Aug. 20, 1993,available in LEXIS, World Library, Allnws File; Paul Lewis,Disputes Hamper U.N. Drive for a War Crimes Tribunal, N.Y. Times, Sept. 9, 1993, at A10,available in LEXIS, World Library, Allnws File; Stanley Meisler,U.N. Is Deadlocked on War-Crimes Prosecutor, Montreal Gazette, Sept. 12, 1993, at B1,available in LEXIS, World Library, Allnws File;Venezuelan on War Crimes Panel: Tribunal Will Probe Atrocities in Former Yugoslavia, Chi. Tribune, Oct. 22, 1993, at 10,available in LEXIS, World Library, Allnws File.

  104. On the prosecutor's appointment, see S.C. Res. 877, U.N. SCOR, 48th Sess., 3296th mtg. at 1, U.N. Doc. S/RES/877 (1993),available in U.N. Gopher/Documents/Security Council Resolutions. On his resignation, seeBosnia-Venezuela: Boutros-Ghali Accepts Prosecutor's Resignation, Inter Press Serv., Feb. 8, 1994,available in LEXIS, World Library, Allnws File;Secretary-General Appoints Graham Blewitt as Acting Deputy Prosecutor, War Crimes Tribunal, for Humanitarian Law Violations in Former Yugoslavia, U.N. Press Release, U.N. Doc. SG/SM/5221 (Feb. 8, 1994),available in U.N. Gopher/Current Information/Press Releases.

  105. Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File.

  106. Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July 7, 1994, at A5,available in LEXIS, World Library, Allnws File; Lewis,supra note 105. Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File.

  107. S.C. Res. 936, U.N. SCOR, 49th Year, 3401st mtg. at 1, U.N. Doc. S/RES/936 (1994),available in U.N. Gopher/Documents/Security Council Resolutions; Lewis,supra note 106. Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. Goldstone served as chairman of a commission constituted in 1991 to investigate political violence and human rights abuses in preparation for the April 1994 elections in South Africa.Id. Lewis,supra note 106. Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. Graham Blewitt, acting deputy prosecutor, will stay on as deputy, and because both Blewitt and Goldstone come from common law jurisdictions, Goldstone will appoint an additional deputy from a civil law jurisdiction.Id. Paul LewisSouth African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July 7, 1994, at A5,available in LEXIS, World Library, Allnws File; Lewis,supra note 105. Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File.

  108. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 17. Theodoor C. Van Boven as Acting Registrar for International Tribunal for Former Yugoslavia, Fed. News Serv., Jan. 24, 1994,available in LEXIS, World Library, Allnws File. A permanent registrar, Dorothee de Sampayo, was appointed in early 1995.Dutch Jurist Appointed to War Crimes Tribunal, Jan. 4, 1995, Reuters,available in LEXIS, World Library, Allnws File.

  109. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 18(1).

  110. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 18(4).

  111. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 19(1).

  112. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 19(2).

  113. Meron,supra note 6, (comparing the Statute of the Tribunal and the Nuremberg Charter).

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  114. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 21(2).

  115. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 21(3).

  116. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 21(4).

  117. Seesupra notes 59-61 French Proposal,supra note 46 Letter from the Permanent Representative of France to the Secretary-General, Feb. 10, 1993, U.N. Doc. S/25266 (1993), transmitting a report on the establishment of an international criminal tribunal for the former Yugoslavia prepared by a national Committee of Jurists [hereinafter French Proposal], at 30. Italian Proposal,supra note 47, Letter from the Permanent Representative of Italy to the Secretary-General, Feb. 16, 1993, U.N. Doc. S/25300 (1993), transmitting a draft statute for an international criminal tribunal for the former Yugoslavia prepared by a national Commission of Jurists [hereinafter Italian Proposal], art. 11(d). This is also the position advocated inILC International Criminal Jurisdiction Report, supra note 11,Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report], ¶ 504 (citing International Covenant on Civil and Political Rights,adopted Dec. 19, 1966, art. 14(3)(d), 999 U.N.T.S. 171) and accompanying text.

  118. I.T. R. Proc. & Evid.,supra note 97, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Rules of Procedure and Evidence, U.N. Doc. IT/32 (1994),amended by U.N. Doc. IT/32/Rev.1 (1994),reprinted in appendix C of this issue ofCriminal Law Forum [hereinafter I.T. R. Proc. & Evid.] RR. 52, 60, 61, 78; Sabine Gillot,Tribunal Will Reveal War Crimes Evidence against Absent Defendants, Agence France Presse, Feb. 11, 1994,available in LEXIS, World Library, Allnws File. Judge Claude Jorda, of the International Tribunal, quoted inid., explained: We have taken the French concept [of trial in absentia] to its limits, which has allowed us to establish a procedure which, while not judging the accused in absentia, will allow us to make public the charge against him. ... [International arrest warrants] would also be published, so that any accused refusing to attend would be unable to plead his innocence before any other body. ... [E]vidence on charges against an absent defendant will be presented at public hearings, whose proceedings will be passed verbatim to the United Nations Security Council and the country believed to be sheltering the accused.

  119. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 21.

  120. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 23(2).

  121. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 23(2).

  122. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 24(1).

  123. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 24(3).

  124. S.C. Res. 827,supra note 10, S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203, ¶ 7;see also Remarks by Madeleine K. Albright, U.S. Ambassador, U.N. SCOR, 48th Year, 3217th mtg. at 17, U.N. Doc. S/PV.3217 (1993) (“[W]ith respect to Article 24, it is [the U.S.] understanding that compensation to victims by a convicted person may be an appropriate part of decisions on sentencing, reduction of sentences, parole or commutation.”).

  125. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 25(1).

  126. Secretary-General's Report, supra note 10,Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 116.

  127. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 25(2).

  128. Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 26.

  129. Secretary-General's Report, supra note 10Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 121.

  130. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 27.

  131. id Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 28.

  132. Secretary-General's Report, supra note 10Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 [hereinafterSecretary-General's Report], ¶ 125.

  133. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 29(2).

  134. id Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 30(1)–(2). For practical purposes, the most significant immunity is that accorded by Vienna Convention on Diplomatic Relations,done Apr. 18, 1961, art. 31, 500 U.N.T.S. 95 (immunity from the criminal and civil jurisdiction of the receiving state).

  135. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 30(1), (3); Convention on the Privileges and Immunities of the United Nations,adopted Feb. 13, 1946, 1 U.N.T.S. 15. The most significant immunity is that underid. ¶ 22 (immunity for covered persons from legal process of every kind in respect of words spoken or written and acts done in the course of the performance of their mission).

  136. Lewis,supra note Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Libray, Allnws File. (“In the end the success of this attempt to hold individuals responsible for the appalling brutalities in Bosnia will of course be a test of international political will. One early indication will be whether the U.N. General assembly approves an adequate budget for the tribunal next fall [1994].”).

  137. See S.C. Res. 827,supra note The principal documents include S.C. Res. 827, U.N. SCOR, 48th year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),supra note 10 S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),see also Andrew Kelly,Yugoslavia War Crimes Tribunal Starts Work, Chi. Sun-Times, Nov. 18, 1993, at 52,available in LEXIS, World Library, Allnws File (quoting then UN Legal Counsel and Under-Secretary-General for Legal Affairs Carl-August Fleischhauer): [T]he tribunal was set up with three aims: ending war crimes, bringing the perpetrators to justice and breaking the cycle of ethnic violence and retribution. “These three important goals ... are intertwined in the fundamental reason for the establishment of this tribunal, namely to bring the rule of law to hear upon the perpetrators of the atrocities in the territory of the former Yugoslavia and, hopefully, to bring an end to this long nightmare of human suffering and tragedy,” [Fleischhauer] said.

  138. The Secretary-General ultimately requested approximately @33 million for the biennium 1994–1995.Report of the Secretary-General as Requested by the General Assembly in Resolution 47/235: Revised Estimates—Financing of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, U.N. GAOR Fifth Comm., 48th Sess., Agenda Item 159, U.N. Doc. A/C.5/48/44/Add.1 (1994). About $11 million was allocated to the Tribunal for calendar year 1994.General Assembly Authorizes $90 Million for UNPROFOR, MINURSO, International War Crimes Tribunal, U.N. Press Release, U.N. Doc. GA/8661 (Apr. 14, 1994),available in UN. Gopher/Current Information/Press Releases;War Crimes Tribunal Says Trials May Begin by Year End, supra note 98 (since the Security Council set up the Tribunal, “U.N. funding [has been] in doubt. Then on April 15 [1994] the General Assembly voted the body $11.5 million to get it through 1994, rather than the $32 million it was seeking to take it through to end-1995.”). The funding of the Tribunal is discussed at some length in Julian J.E. Schutte, Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establisbment of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum.

  139. Among them are the United States, Thomas W. Lippman,U.S. Accuses the Serbs of More Atrocities, Int'l Herald Tribune, Dec. 30, 1994,available in LEXIS, World Library, Allnws File (reporting contribution of $13 million in cash and services to the Tribunal); Carol J. Williams,No Amnesty for Perpetrators of Balkans Atrocities, U.S. Says, N.Y. Times, Jan. 7, 1994, at A6,available in LEXIS, World Library, Allnws File; Pakistan,Pakistan Gives $1 Million to Bosnian War Crimes Tribunal, UPI, Feb. 1, 1994,available in LEXIS, World Library, Allnws File; and the Netherlands, Schutte,supra note 138 The Secretary-General ultimately requested approximately $33 million for the biennium 1994–1995.Report of the Secretary-General as Requested by the General Assembly in Resolution 47/235: Revised Estimates—Financing of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991., U.N. GAOR Fifth Comm., 48th Sess., Agenda Item 159, U.N. Doc. A/C.5/48/44/Add.1 (1994). About $11 million was allocated to the Tribunal for calendar year 1994.General Assembly Authorizes $90 Million for UNPROFOR, MINURSO, International War Crimes Tribunal, U.N. Press Release, U.N. Doc. GA/8661 (Apr. 14, 1994),available in U.N. Gopher/Current Information/Press Releases;War Crimes Tribunal Says Trials May Begin by Year End, supra note 98 (since the Security Council set up the Tribunal, “U.N. funding [has been] in doubt. Then on April 15 [1994] the General Assembly voted the body $11.5 million to get it through 1994, rather than the $32 million it was seeking to take it through to end-1995.”). The funding of the Tribunal is discussed at some length in Julian J.E. Schutte, Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establisbment of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum. For more, information, seeAnnual Report of the International Tribunal for the Prosecution of Persons, Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, 183–188, U.N. SCOR, 49th Year, Agenda Item 152, U.N. Doc. S/1994/1007 (1994) [hereinafterTribunal Annual Report]; David P. Forsythe,Politics and the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum.

  140. Eagleburger,supra note Paul Lewis,South African Is to Prosecute Balkan War Crimes N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnes File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July 7, 1994, at A5,available in LEXIS, World Library, Allnws File; Lewis,supra note Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. (speaking about promises of staff from Britain and Canada, then Acting Deputy Prosecutor Graham Blewitt said, “They're not materializing, and I have some doubts that they will materialize.”).But see maryann Stenberg,United Nations: Australians Help in Bosnia War Crime Prosecution, The Age (Melbourne), June 31, 1994,available in LEXIS, World Library, Allnws File (discussing Australian personnel working for the International Tribunal).

  141. Sadruddin Aga Khan,War Crimes without Punisbment, N.Y. Times, Feb. 8, 1994, at A23,available in LEXIS, World Library, Allnws File. To similar effect is Eagleburger,supra note 106 Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994 at A2,available in LEXIS, World Library, Allnws File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July 7, 1994, at A5,available in LEXIS, World Library, Allnws File; Lewis,supra note 105. Anthony LewisAt Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. (“The hopes of bringing such war ciminals to international justice ... have been dimmed by wrangles among United Nations member nations and lack of enthusiasm among key European allies, who fear that prosecution might interfere with the continuing search for a diplomatic settlement.”); Rodrigue,supra note 15 The Commission carried out a series of investigations and issued three reports. Letter from the Secretary-General to the President of the Security Council, Feb. 9, 1993, U.N. Doc. S/25274 (1993), transmittingInterim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992) hereinafterFirst Interim Report]; Letter from the Secretary-General to the President of the Security Council, Oct. 5, 1993, U.N. Doc. S/26545 (1993), transmittingSecond Interim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992); Letter from the Secretary-Genenal to the President of the Security Council, May 24, 1994, U.N. Doc. S/1994/674 (1994), transmittingFinal Report of the Commission of Experts Established pursuant to Seecurity Council Resolution 780 (1992), available in U.N. GopherßCurrent InformationßSecertary-General's Report [hereinafterFinal Report]. Over its lifetime, the Commission was without its share of diffuculties. For a detailed discussion, see M. Cherif Bassiouni,The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia, in this issue ofCriminal Law Forum. Most obivous were inadequate funding, personnel problems, and lack of cooperation from officials in the region. Firts Kalshoven, the original chairman, resigned in September 1993, “criting health concerns and frustration over lukewarm U.N. support.” Carol J. Williams,Serbian Authorities Thwart U.N. War Crimes Investigation in Balkans, L.A. Times, Nov. 21, 1993, at A8,available in LEXIS, World Library, Allnws File: Andrew Kelly,Head of U.N. War Crimes Panel Resigns, Reuters, Oct. 1, 1993.available in LEXIS, World Library, Allnws File. On lack of support from the United Nations and opposition from local authorities to gathering evidence, see George Rodrigue,Doubts Surround Opening of Balkan War-Crimes Court, Dallas Morning News, Nov. 15, 1993, at 14A,available in LEXIS, World Library, Allnws File; Williamssupra. New appointments to the Commission were announced in October 1993,Women Legal Experts Named to U.N. War Crimes Panel, Reuters, Oct. 21, 1993,available in LEXIS, World Library, Allnws File (Professor Christine Cleiren and the Hon. Hanne Sophie Greve), and Cherif Bassiouni was named chairman,Security Council Appoints Prosecutor for Balkans War Crimes, UPI, Oct. 21, 1993,available in LEXIS, World Library, Allnws File. On the controversial closing down of the Commission, see Bassiouni,supra; see also infra note 143 Philippe Naughton,Yygoslaw War Crimes Investigator Assails U.N., Reuters, Mar. 18, 1994,available in LEXIS, World Library, Allnws File. The decision to close down the Commission in April 1994 was highly controversial. To quote a former UN High Commissioner for Refugees: [The] abrupt closing of the investigation before the tribunal is properly up and running is already having consequences on the ground. It has raised doubts about the tribunal's legal authority for completing the exhumation of a mass grave of Croatian victims ... in Vukovar. Future investigations, and therefore prosecutions, are also likely to be undercut. For critics of the West's cowardly stance during this savage war ... the tribunal mattered: it offered some prospect of accountability. Although it was never likely that the paper trail would exist to implicate top officials, the successful prosecution of field commanders and local extremists, who encouraged mass rape and murder, might have begun a healing process after the war. Now, though, the neutering of the international tribunal is under way. Only a facade will remain, it seems—one that can be counted on not to produce embarassing prosecutions. ... (querying lack of personnel, funding, and other resources needed by the Commission of Experts as either an “act of superb diplomatic hypocrisy” or an “act of superb diplomatic inattention”).

  142. Eagleburger,supra note 106. Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July, 7, 1994, at A5,available in LESIX, World Library, Allnws File; Lewis,supra note 105 Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LESIX, World Library, Allnws File.

  143. Philippe Naughton,Yugoslav War Crimes Investigator Assails U.N., Reuters, Mar. 18, 1994,available in LEXIS, World Library, Allnws File. The decision to close down the Commission in April 1994 was highly controversial. To quote a former UN High Commissioner for Refugees: [The] abrupt closing of the investigation before the tribunal is properly up and running is already having consequences on the ground. It has raised doubts about the tribunal's legal authority for completing the exhumation of a mass grave of Croatian victims ... in Vukovar. Future investigations and therefore prosecutions, are also likely to be undercut. For critics of the West's cowardly stance during this savage war ... the tribunal mattered: it offered some prospect of accountability. Although it was never likely that the paper trail would exist to implicate top officials, the successful prosecution of field commanders and local extremists, who encouraged mass rape and murder, might have begun a healing process after the war. Now, though, the neutering of the international tribunal is under way. Only a facade will remain, it seems—one that can be counted on not to produce embarrassing prosecutions.... Sadruddin Aga Khan,supra note 141. Sadruddin Aga Khan,War Crimes without Punishment, N.Y. Times, Feb. 8, 1994, at A23,available in LEXIS, World Library, Allnws File.

  144. See Aga Khan,supra nore 141 Sadruddin Aga Khan,War Crimes without Punishment, N.Y. Times, Feb. 8, 1994, at A23available in LEXIS, World Library, Allnws File. (decrying the attack of Feb. 5, 1994, on the Sarajevo market that killed some 70 civilians);Human Rights: Civilian Massacres Are Crimes, Mazowiecki Says, Inter Press Serv., Feb.7, 1994,available in LEXIS, World Library, Allnws File (Tadeusz Mazowiecki, UN Special Rapporteur for Human Rights in the Former Yugoslavia, condemning the Sarajevo market attack and other murders of civilians in “safe zones” early in 1994). On the later siege of Gorazde, see Roger Cohen,Conflict in the Balkans: Isolation as Tactic, N.Y. Times, Apr. 19, 1994, at A10,available in LEXIS, World Library, Allnws File; Michael Specter,Yeltsin Warns Bosnian Serbs to Stop Assault on Gorazde, N.Y. Times, Apr. 20, 1994, at A12,available in LEXIS, World Library, Allnws File. The Security Council adopted a resolution condemning the attack on Gorazde. S.C. Res. 913, U.N. SCOR, 49th Year, 3367th mtg. at 1, U.N. Doc. S/RES/913 (1994),available in U.N. Gopher/Documents/Security Counci Resolutions. Sarajevo again faced intense pressure from the Bosnian Serbs in September 1994. Roger Cohen,NATO Jets Strike Serbs near Sarajevo, N.Y. Times, Sept 23, 1994, at A8,available in LEXIS, World Library, Allnws File. Gross and flagrant violations of international humanitarian law and defiance of the United Nations occurred in late 1994 in the Bihac area.E.g., Roger Cohen,Conflict in the Balkans: The Overview—Leader of Serbs Spurns a Meeting with Head of U.N., N.Y. Times, Dec. 1, 1994, at A1,available in LEXIS, World Library, Allnws File; Roger Cohen,Serbs Close in On Bosnian Town: U.N. and NATO Unable to Act, N.Y. Times, Nov. 29, 1994, at Al,available in LEXIS, World Library, Allnws File.

  145. Tribunal Annual Report, supra note 139 Among them are the United States, Thomas W. Lippman,U.S. Accuses the Serbs of More Atrocities, Int'l Herald Tribune, Dec. 30, 1994,available in LEXIS, World Library, Allnws File (reporting contribution of $13 million in cash and services to the Tribunal); Carol J. Williams,No Amnesty for Perpetrators of Balkans Atrocities, U.S. Says, N.Y. Times, Jan.7, 1994, at A6,available in LEXIS, World Library, Allnws File; Pakistan,Pakistan Gives $1 Million to Bosnian War Crimes Tribunal, UPI, Feb. 1, 1994,available in LEXIS, World Library, Allnws File; and the Netherlands, Schutte,supra note 138. The Secretary-General ultimately requested approximately $33 million for the biennium 1994–1995.Report of the Secretary-General as Requested by the General Assembly in Resolution 47/235: Revised Estimates—Financing of the International Tribunal for the Prosecution of Persons Responsible for Serious, Vilations, of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. U.N. GAOR Fifth Comm., 48th Sess., Agenda Item 159, U.N. Doc. A/C.5/48/44/Add. 1 (1994). About $11 million was allocated to the Tribunal for calendar year 1994.General Assembly Authorizes $90 Million for UNPROFOR, MINURSO, International War Crimes Tribunal, U.N. Press Release, U.N. Doc. GA/8661 (Apr. 14, 1994),available in U.N. Gopher/Current Information/Press Releases;War Crimes Tribunal Says Trials May Begin by Year End, supra note 98 (since the Security Council set up the Tribunal, “U.N. funding [has been] in doubt. Then on April 15 [1994] the General Assembly voted the body $11.5 million to get it through 1994, rather than the $32 million it was seeking to take it through to end-1995.”). The funding of the Tribunal is discussed at some length in Julian J.E. Schutte,Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establishment of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum. For more information, seeAnnual Report of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, ¶, U.N. SCOR, 49th Year, Agenda Item 152, U.N. Doc. S/1994/1007 (1994) [hereinafterTribunal Annual Report]; ¶ 172–182; Act on the Jurisdiction of the International Tribunal for the Prosecution of Persons Responsible for Crimes Committed in the Teritory of the Former Yugoslavia and on Legal Assistance to the International Tribunal (Fin. Jan. 5, 1994); on Germany, seeinfra note 150; on the Netherlands, see Schutte,supra note 138; on Slovenia, see Pavel Dolenc,A Slovenian Perspective on the Statute and Rules of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum.

  146. Lewis,supra note 105 Anthony Lewis,At Home Abroad The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. (“Germany, Denmark, and Switzerland have already arrested suspects and are holding them for trial there or by the international tribunal.”);Austria's War Crime Trial of Serb Adjourned, Reuters, Oct. 20, 1994,available in LEXIS, World Library, Allnws File (citing proceedings in Austria, Denmark, and Switzerland). The Austrian case ended in a mistrial, and the Supreme Court must assign a new panel of judges to rehear it.Serb War Crimes Trial Referred to Supreme Court, Agence France Presse Dec. 12, 1994,available in LEXIS, World Library, Allnws File. On Denmark, see20 Cases Sent by Denmark to War Crimes Tribunal on ex-Yugoslavia, Agence France Presse, Jan. 31, 1994,available in LEXIS, World Library, Allnws File;Moslem Refugee Goes on Trial for War Crimes, Agence France Presse, Nov. 7, 1994,available in LEXIS, World Library, Allnws File. The latter case resulted in a conviction, with the Danish court imposing an 8-year prison sentence on a Bosnian Muslim who had savagely beaten and in several cases killed fellow prisoners in a Croatrun camp in cooperation with the camp authorities.War Crimes Panel Convicts Bosnian, Chi. Tribune, Nov. 23, 1994, at 3,available in LEXIS, World Library, Allnws File. On Germany, see Stephen Kinzer,Germans Arrest Serb as Balkan War Criminal, N.Y. Times, Feb. 16, 1994, at A6,available in LEXIS, World Library, Allnws File;Germany Looks towards Yugoslaw War Crimes Tribunal, Reuters, Apr. 20, 1994,available in LEXIS, World Library, Allnws File (Germany anticipates handing over more than forty cases to the International Tribunal). On more recent developments, seeinfra note 150. The first indictment (Dragan Nikolic) was handed down in November 1994. Sara Henley,U.N. War Crimes Tribunal Charges First Suspect, Reuters, Nov. 8, 1994,available in LEXIS, World Library, Allnws File. At the same time, the Tribunal requested Germany to transfer to its jurisdiction a Bosnian Serb (Dusan Tadic) being held in custody. Peter S. Canellos,U.N. Tribunal Seeks a Serb: Ethnic Cleansing Alleged as Trial Begins in the Hague, Boston Globe, Nov. 9, 1994, at 26,available inLEXIS, World Library, Allnws File;Yugo War Crimes Court Asks Germany to Extradite Bosnian Serb, Agence France Presse, Nov. 8, 1994,avalable in LEXIS, World Library, Allnws File;see also Melinda Crane-Engel,Germany vs. Genocide, N.Y. Times, Oct. 30, 1994, ¶ 6, at 56,available inLEXIS, World Library, Allnws File. Germany amended its law soon afterward to permit the extradition of foreign residents (like the accused) to the Tribunal and expects to amend the Constitution to permit the extradition of citizens as well.Bonn Changes Law to Hand Over War Criminals, Reuters, Dec. 16, 1994,available in LEXIS, World Library, Allnws File. On Switzerland, seeBosnia to Bring Cases of Suspected War Criminals before Swiss Court, Agence France Presse, Apr. 18, 1994,available in LEXIS, World Library, Allnws File;Swiss Military Court May Court-martial, Ex-Yugoslaw, Reuters, Apr. 13, 1994,available in LEXIS, World Library, Allnws File.

  147. Seesupra notes 103-107.E.g., Balkans War Crimes Tribunal Blocked by Strains within Security Council, Agence France Presse, Aug. 20, 1993,available in LEXIS, World Library, Allnws File; Paul Lewis,Disputes Hamper U.N. Drive for a War Crimes Tribunal, N.Y. Times, Sept. 9, 1993, at A10,available in LEXIS, World Library, Allnws File; Stanley Meisler,U.N. Is Deadlocked on War-Crimes Prosecutor, Montreal Gazette, Sept. 12, 1993, at B1,available in LEXIS, World Library, Allnws File;Venezuelan on War Crimes Panel; Tribunal Will Probe Atrocities in Former Yugoslavia, Chi. Tribune, Oct. 22, 1993, at 10,available in LEXIS, World Library, Allnws File. On the prosecutor's appointment, see S.C. Res. 877, U.N.SCOR, 48th Sess., 3296th mtg. at 1, U.N. Doc. S/RES/877 (1993),available in U.N. Gopher/Documents/Security Council Resolutions. On his resignation, seeBosnia-Venezuela: Boutros-Ghali Accepts Prosecutor's Resignation, Inter Press Serv., Feb. 8, 1994,available in LEXIS, World Library, Allnws File;Secretary-General Appoint Graham Blewitt as Acting Deputy Prosecutor, War Crimes Tribunal, for Humanitarian Law Violations in Former Yugoslavia, U.N. Press Release, U.N. Doc. SG/SM/5221 (Feb. 8, 1994),available in U.N. Gopher/Current Information/Press Releases. Anthony Lewis,At Home Abroad; The Civilized World N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. Paul Lewis,South African Is to Prosecute Balkan War Crimes, N.Y. Times, July 9, 1994, at A2,available in LEXIS, World Library, Allnws File. For the atmosphere immediately preceding Goldstone's appointment, see Stephen Eagleburger,Balkan War-Crimes Prosecution Bogs Down, N.Y. Times, July 7, 1994, at A5,available in LEXIS, World Library, Allnws File; Lewis,supra note 105. Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. S.C. Res. 936, U.N. SCOR, 49th Year, 3401st mtg. at 1, U.N. Doc. S/RES/936 (1994),available in U.N. Gopher/Documents/Security Council Resolutions; Lewis,supra note 106. Goldstone served as chairman of a commission constituted in 1991 to investigate political violence and human rights abuses in preparation for the April 1994 elections in South Africa.Id. Graham Blewitt, acting deputy prosecutor, will stay on as deputy, and because both Blewitt and Goldstone come from common law jurisdictions, Goldstone will appoint an additional deputy from a civil law jurisdiction.

  148. Final Report, supra note 15; Letter from the Secretary-General to the President of the Security Council, Oct. 5, 1993, U.N. Doc. S/26545 (1993), transmittingSecond Interim Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992); Letter from the Secretary-General to the President of the Security Council, May 24, 1994, U.N. Doc. S/1994/674 (1994), transmittingFinal Report of the Commission of Experts Established pursuant to Security Council Resolution 780 (1992), available in U.N. Gopher/Current Information/Secretary-General's Reports [hereinafterFinal Report]. Bassiouni,supra note 15; M. Cherif Bassiouni,The Commission of Experts Established pursuant to Security Council Resolution 780: Investigating Violations of International Humanitarian Law in the Former Yugoslavia, in this issue ofCriminal Law Forum. Most obvious were inadequate funding, personnel problems, and lack of cooperation from officials in the region. Frits Kalshoven, the original chairman, resigned in September 1993, “citing health concerns and frustration over lukewarm U.N. support.” Paul Lewis,U.N. Report Accuses Serbs of “Crimes against Humanity”, N.Y. Times, June 3, 1994, at A3,available in LEXIS, World Library, Allnws File; Stephanie Nebehay,U.N. Panel Links Bosnian Serbs to Genocide, Reuters, Apr. 15, 1994,available in LEXIS, World Library, Allnws File.

  149. For the first quarter of 1995, the Fifth Committee of the General Assembly proposed a budget of $7 million.Fifth Committee Approves $352.5 Million for UNDOF, UNIFIL, UNOSOM II, International Criminal Tribunal and Human Rights Programmes, U.N. Press Release, U.N. Doc. GA/AB/2981 (Dec. 21, 1994),available in U.N. Gopher/Current Information/Press Releases, compared to about $11 million for all of 1994. See sources citedsupra note 138. The Secretary-General ultimately requested approximately $33 million for the biennium 1994–1995.Report of the Secretary-General as Requested by the General Assembly in Resolution 47/235: Revised Estimates—Financing of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, U.N. GAOR Fifth Comm., 48th Sess., Agenda Item 159, U.N. Doc. A./C.5/48/44/Add. 1 (1994). About $11 million was allocated to the Tribunal for calendar year 1994.General Assembly Authorizes $90 Million for UNPROFOR, MINURSO, International War Crimes Tribunal, U.N. Press Release, U.N. Doc. GA/8661 (Apr. 14, 1994),available in U.N. Gopher/Current Information/Press Releases;War Crimes Tribunal Says Trials May Begin by Year End, supra note 98 (since the Security Council set up the Tribunal, “U.N. funding [has been] in doubt. Then on April 15 [1994] the General Assembly voted the body $11.5 million to get it through 1994, rather than the $32 million it was seeking to take it through to end-1995.”). The funding of the Tribunal is discussed at some length in Julian J.E. Schutte,Legal and Practical Implications, from the Perspective of the Host Country, Relating to the Establishment of the International Tribunal for the Former Yugoslavia, in this issue ofCriminal Law Forum.

  150. The first indictment (Dragen Nikolic) was handed down in November 1994. Sara Henley,U.N. War Crimes Tribunal Charges First Suspect, Reuters, Nov. 8, 1994,available in LEXIS, World Library, Allnws File. At the same time, the Tribunal requested Germany to transfer to its jurisdiction a Bosnian Serb (Dusan Tadic) being held in custody. Peter S. Canellos,U.N. Tribunal Seeks a Serb: Ethnic Cleansing Alleged as trial Begins in the Hague, Boston Globe, Nov. 9, 1994, at 26,available in LEXIS, World Library, Allnws File;Yugo War Crimes Court Asks Germany to Extradite Bosnian Serb, Agence France Presse, Nov. 8, 1994,available in LEXIS, World Library, Allnws File;see also Melinda Crane-Engel,Germany vs. Genocide, N.Y. Times, Oct. 30, 1994, ¶ 6, at 56,available in LEXIS, World Library, Allnws File. Germany amended its law soon afterward to permit the extradition of foreign residents (like the accused) to the Tribunal and expects to amend the Constitution to permit the extradition of citizens as well.Bonn Changes Law to Hand Over War Criminals, Reuters, Dec. 16, 1994,available in LEXIS, World Library, Allnws File.

  151. Seesupra note 12. By S.C. Res. 935, U.N. SCOR, 49th Year, 3400th mtg. at 1, ¶ 2, U.N. Doc. S/RES/935 (1994),reprinted in appendix D of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions, the Security Council requested the Secretary-General to establish an impartial Commission of Experts to investigate reports of “grave violations of international humanitarian law committed in the territory of Rwanda.” After the Commission issued a preliminary report, Letter from the Secretary-General to the President of the Security Council, Oct. 1, 1994, U.N. Doc. S/1994/1125 (1994), transmittingPreliminary Report of the Independent Commission of Experts Established in Accordance with Security Council Resolution 935 (1994), available in U.N. Gopher/Current Information/Secretary-General Reports, the Security Council voted (in November 1994) to create the International Tribunal for Rwanda, which shares the appeals chamber and the chief prosecutor with the International Tribunal for the Former Yugoslavia, S.C. Res 955, U.N. SCOR, 49th Year, 3453d mtg. at 1, U.N. Doc. S/RES/955 (1994),reprinted in appendix D of this issue ofCriminal Law Forum andavailable in U.N. Gopher/Documents/Security Council Resolutions. The Commission later issued its final report. Letter from the Secretary-General to the President of the Security Council, Dec. 9, 1994, U.N. Doc. S/1994/1405 (1994), transmittingFinal Report of the Commission of Experts Established pursuant to Security Council Resolution 935 (1994), available in U.N. Gopher/Current Information/Secretary-General Reports. For background, see Anthony Goodman,Spain Urges Rwanda War Crimes Commission, Reuters, June 14, 1994,available in LEXIS, World Library, Allnws File;Plan for Rwanda War Crimes Trial Gains Backing, Agence France Presse, July 1, 1994,available in LEXIS, World Library, Allnws File; Sue Pleming,Rwandan Government Gears Up for War Tribunal, Reuters, July 23, 1994,available in LEXIS, World Library, Allnws File (discussing the request by the new government of President Pasteur Bizimungu for help from the international community in setting up an international tribunal);U.N. Should Extend Mandate of Crimes Tribunal to Rwanda, Agence France Presse, July 2, 1994,available in LEXIS, World Library, Allnws File (discussing recommendation from the International Commission of Jurists).

  152. Seesupra notes 42-43 and accompanying text. Draft Statute for an International Criminal Court, inILC 46th Session Report, supra note 34, at 43. At its forty-third session in 1991, the ILC provisionally adopted on a first reading a Draft Code based in large part on the extensive work of the special rapporteur.See ILC 43d Session Report, supra note 11, See references in Bassiouni,supra note 9,See generally M. Cherif Bassiouni,A Draft International Criminal Code and Draft Statute for an International Criminal Tribunal (2d rev. ed. 1987); Benjamin Ferencz,An International Criminal Court (1980); M. Cherif Bassiouni & Christopher L. Blakesley,The Need for an International Criminal Court in the New International World Order, 25 Vand. J. Transnat'l L. 151 (1992). For further discussion and additional references, seeinfra notes 28-43 and accompanying text, at 1 n.1.See generally Timothy L.H. McCormack & Gerry J. Simpson,The International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions, 5 Crim. L.F. 1 (1994). This initiative has been largely the province of the International Law Commission (ILC) for over four decades. Draft Code of Offences against the Peace and Security of Mankind (submitted in July 1951), inReport of the International Law Commission on Its Third Session, U.N. GAOR, 6th Sess., Supp. No. 9, at 11, U.N. Doc. A/1858 (1951); Draft Code of Offences (submitted in July 1954), inReport of the International Law Commission on Its Sixth Session, U.N. GAOR, 9th Sess., Supp. No. 9, at 9, U.N. Doc. A/2693 (1954); Draft Code of Crimes against the Peace and Security of Mankind [hereinafter 1991 Draft Code], inReport of the International Law Commission on Its Forty-third Session, U.N. GAOR, 46th Sess., Supp. No. 10, at 238, U.N. Doc. A/46/10 (1991) [hereinafterILC 43d Session Report]; Report of the Working Group on the Question of an International Criminal Jurisdiction [hereinafterILC International Criminal Jurisdiction Report], inReport of the International Law Commission on Its Forty-fourth Session, U.N. GAOR, 47th Sess., Supp. No. 10, at 143, U.N. Doc. A/47/10 (1992) [hereinafterILC 44th Session Report]; Report of the Working Group on a Draft Statute for an International Criminal Court [hereinfafterILC Draft Statute Report], inReport of the International Law Commission on Its Forty-fifth Session, U.N. GAOR, 48th Sess., Supp. No. 10, at 255, U.N. Doc. A/48/10 (1993) [hereinafterILC 45th Session Report]. On the most recent ILC efforts in this area, seeinfra notes 34, 43, at 198, 238. At its forty-sixth session in 1994, the ILC considered the twelfth report of the special rapporteur, dealing with the general part of the Draft Code (as adopted on its first reading in 1991), in conjunction with the comments from governments on the general part.Report of the International Law Commission on Its Forty-sixth Session, U.N. GAOR, 49th Sess., Supp. No. 10, at 161, U.N. Doc. A/49/10 (1994) [hereinafterILC 46th Session Report]. The Commission decided to refer articles 1–15 of the Draft Code to the drafting committee, “with the understanding that the work on the draft Code and on the draft statute for an international criminal court should be coordinated by the Special Rapporteur on the draft Code and by the Chairman and members of the Drafting Committee and of the Working Group on a Draft Statute for an International Criminal Court.”Id. ¶ 92–96. The special part of the Draft Code will be the topic of Mr. Thiam's thirteenth report and is to be taken up by the ILC in 1995 at its forty-seventh session. Thiam,supra note 33, For references to the first nine reports, seeid. at 10 n.17; for a reference to and summary of the tenth report, seeid. ¶ 11, 24–97; for a reference to and summary of the eleventh report, seeILC 45th Session Report, supra note 11, ¶ 13–14, 33–95; the most recent is Doudou Thiam,Twelfth Report on the Draft Code of Crimes against the Peace and Security of Mankind, U.N. Doc. A/CN.4/460 (1994), submitted to the International Law Commission at its forty-sixth session in May–July 1994. On the ILC's forty-sixth session, seeinfra notes 42-43 and accompanying text, ¶ 1–4. G.A. Res. 48/31, U.N. GAOR, 48th Sess., Supp. No. 49, at 328, ¶ 6, U.N. Doc. A/48/49 (1993) (requesting the ILC “to continue its work as a matter of priority on this question with a view to elaborating a draft statute, if possible at its forty-sixth session in 1994” and to resume consideration of the Draft Code of Crimes); G.A. Res. 47/33,supra note 38, G.A. Res. 47/33, U.N. GAOR, 47th Sess., Supp. No. 49 at 287, ¶ 6, U.N. Doc. A/47/49 (1992) (requesting the ILC to “continue its work on the question [of an international criminal jurisdiction] by undertaking the project for the elaboration of a draft statute for an international criminal court as a matter of priority”), ¶ 6; Virginia Morris & M.-Christiane Bourloyannis-Vrailas, Current Developments,The Work of the Sixth Committee at the Forty-eighth Session of the U.N. General Assembly, 88 Am. J. Int'l L. 343, 349–53 (1994). With strong opposition from the United States, plans to create the international criminal court are now basically on hold.See G.A. Res 49/53, 84th plen. mtg., U.N. Doc. A/49/53 (1994); Thalif Deen,United Nations: U.N. Split over International Criminal Court, Inter Press Serv., Dec. 21, 1994,available in LEXIS, World Lirbrary, Allnws File.

  153. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 9; requires national courts upon “formal request” to defer to the International Tribunal in the exercise of concurrent jurisdiction.Id. Statute,supra note 20, The Statute of the International Tribunal is set out as an annex toSecretary-General's Report, supra note 10, The principal documents include S.C. Res. 780, U.N. SCOR, 47th Year, 1992 S.C. Res. & Dec. at 36, U.N. Doc. S/INF/48 (1992),reprinted in appendix A of this issue ofCriminal Law Forum; S.C. Res. 808, U.N. SCOR, 48th Year, 3175th mtg. at 1, U.N. Doc. S/RES/808 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andavailable in U.N. Gopher\Documents\Security Council Resolutions; S.C. Res. 827, U.N. SCOR, 48th Year, 3217th mtg. at 1, U.N. Doc. S/RES/827 (1993),reprinted in appendix A of this issue ofCriminal Law Forum andin 32 I.L.M. 1203;Report of the Secretary-General pursuant to Paragraph 2 of Security Council Resolution 808 (1993), U.N. Doc. S/25704 & Add.1 (1993),reprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1163 and isreprinted in appendix B of this issue ofCriminal Law Forum andin 32 I.L.M. 1192 [hereinafter Statute], art. 29 requires cooperation and assistance in such areas as identification and location of persons; taking of testimony and production of evidence; service of documents; arrest and detention of persons; and surrender and transfer of accused persons to the International Tribunal.

  154. “One lever for persuasion is sanctions.... A more extreme option would be punitive measures like those imposed on Libya for its failure to produce for trial the suspects in the bombing of Pan Am 103.” Lewis,supra note 105. Anthony Lewis,At Home Abroad: The Civilized World, N.Y. Times, July 1, 1994, at A25,available in LEXIS, World Library, Allnws File. Others have advocated a more active role for the CSCE. Dennis DeConcini & Steny H. Hoyer,Bosnia War-Crimes Tribunal Could Be Boosted by CSCE, Christian Sci. Monitor, July 14, 1994, at 18,available in LEXIS, World Library, Allnws File. At its December 1994 summit, however, the CSCE failed to reach a consensus regarding the situation in Bosnia, “although a number of member states were pressing for at least a statement condemning the most recent Bosnian Serb aggression.”CSCE Conference Ends amid Dissent over Bosnia—Kohl “Deeply Depressing”, Week in Germany, Dec. 9, 1994,available in LEXIS, World Library, Allnws File.

  155. Many national armed forces maintain a war crimes investigation section, but they are usually concerned with crimes perpetrated against their own citizens or troops.E.g., Alfred de Zayas,The Wermacht War Crimes Bureau, 1939–1945 (1989). It is also common knowledge that the U.S. Judge Advocate General's Office conducted a series of investigations subsequent to Operation Desert Storm that focused on possible war crimes committed by Iraqi personnel.See Analysis: Dual Containment—Clinton's New Policy on the Middle East Region, Moneyclips, May 29, 1993,available in LEXIS, World Library, Allnws File.

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This article is a revised and updated version of a paper delivered at the Eleventh International Congress of Criminology, Budapest, Hungary, August 26, 1993. I would like to thank Madeleine Sann, Director of Publication,Criminal Law Forum, for her work on this article.

Editor's note: research for this article was updated through January 4, 1995.

Member, United Nations Committee against Torture and Cruel and Inhuman Treatment or Punishment; Professor of Law, University of British Columbia, Vancouver; Chairman, International Centre for Criminal Law Reform and Criminal Justice Policy, Vancouver, British Columbia, Canada; LL.B., Otago University 1962; LL.M. (first-class hons.), Otago University 1963; appointed Queen's Counsel 1984.

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Burns, P. An international criminal tribunal: The difficult union of principle and politics. Crim Law Forum 5, 341–380 (1994). https://doi.org/10.1007/BF01683221

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