War Crimes in the Former Yugoslavia: Comments on the International War Crimes Tribunal

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Wedgwood, Ruth
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I want to present three potential problems of the Yugoslav War Crimes Tribunal which may limit the Tribunal's effectiveness. The three issues are (1) the unwillingness of the United Nations to proceed with war crimes trials in absentia, or to effect international arrest; (2) the sources of applicable law for the war crimes trials; and (3) the failure of the United Nations to address the delicate relation between politics and criminal law in the aftermath of a civil war, specifically the absence of any pardoning power or amnesty power in the political organs of the United Nations.