UDC 341.645.5:347.9
Biblid: 0543-3657, 65 (2014)
Vol. 65, No 1153-1154, pp. 162-178
DOI:

Original scientific paper
Received: 14 Mar 2014
Accepted: 14 Apr 2014

ON SOME SHORTCOMINGS OF THE PROCEDURE BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Milekić Višnja (Saradnik u nastavi, Pravni fakultet Univerziteta u Kragujevcu), vmilekic@jura.kg.ac.rs

In the paper, the author discusses the proceedings before the International Criminal Tribunal for the Former Yugoslavia. The main criticism refers to the authority of the Tribunal to adopt the Rules of Procedure and Evidence on its own and to change them when necessary, as well as to too broad authorities of certain parties in the process, especially those of the prosecutor. In addition to the introductory and concluding considerations, the paper is divided into eight parts in which the author indicates the disadvantages of every phase of the proceedings. Criminal proceedings last too long, what can be justified neither by the complexity of the cases nor by poor cooperation of countries. Every accused person has the right to a fair, swift and efficient trial, which is the principle that is not wholly respected by the International Criminal Tribunal for the Former Yugoslavia.

Keywords: Procedure before the Hague Tribunal, investigation, indictment, main hearing, verdict