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Article
Amnesty at the ICTY; an analysis of the Karadzic Immunity Decision
International Comparative Law Quarterly (2009)
  • Benjamin E. Brockman-Hawe, Boston University School of Law
Abstract

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

Keywords
  • ICTY,
  • amnesty,
  • Karadzic
Disciplines
Publication Date
2009
Citation Information
Benjamin E. Brockman-Hawe. "Amnesty at the ICTY; an analysis of the Karadzic Immunity Decision" International Comparative Law Quarterly (2009)
Available at: http://works.bepress.com/benbh/3/