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Assessing the Impact of the United Nations War Crimes Commission on the Principle of Complementarity and Fair Trial Standards

Criminal Law Forum volume 25, pages 191–222 (2014)Cite this article

Abstract

This article looks at the work of the United Nations War Crimes Commission (UNWCC), and its influence on the development of international criminal law. It examines the role the UNWCC played in prosecuting war criminals, and notes the similarities between the UNWCC’s mission and the current structure and role of the International Criminal Court, particularly its focus on the principle of complementarity. The article reviews fair trial standards at the time of the national trials, and provides that many of them are present in current international human rights instruments. Still, the author submits that many trial records are still inaccessible and, as a result, there is not enough evidence to fully analyze the Commission’s efficiency in providing for a fair and impartial trial.

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Authors and Affiliations

  1. International Bar Association, London, UK

    Mark S. Ellis

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  1. Mark S. Ellis
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Correspondence to Mark S. Ellis.

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Dr Mark S. Ellis is Executive Director of the International Bar Association (IBA). Dr Ellis served as Legal Advisor to the Independent International Commission on Kosovo and was appointed by the OSCE to advise on the creation of Serbia’s War Crimes Tribunal. He was actively involved with the Iraqi High Tribunal and is a member of the Disciplinary Advisory Panel to the Defence Counsel for the ICTY and ICTR. He also acted as a legal advisor to the defence team of Nuon Chea at the Cambodian War Crimes Tribunal (ECCC). The author would like to acknowledge the exceptional work by Gillian Quinn in helping research and draft this article. The author also wishes to thank Dr Dan Plesch and Shanti Sattler for organising the UNWCC 70th Anniversary Conference at SOAS, University of London in September 2013.

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Ellis, M.S. Assessing the Impact of the United Nations War Crimes Commission on the Principle of Complementarity and Fair Trial Standards. Crim Law Forum 25, 191–222 (2014). https://doi.org/10.1007/s10609-014-9221-4

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  • DOI: https://doi.org/10.1007/s10609-014-9221-4

Keywords

  • International Criminal Court
  • International Criminal
  • National Court
  • Rome Statute
  • Fair Trial