ICTY Manual on Developed Practices

The United Nations has published the “International Criminal Trinunal for the Former Yugoslavia Manual on Developed Practices.”  The manual is a synthesis of best practices for prosecuting individuals for human rights violations.  The text includes the following chapters: 

Investigation

Indictment

Arrest Warrants

Pre-Trial

Trial Managementl

Trial Judgement Drafting

Appeals

Enforcement of Sentences

Referral of Cases to Domestic Jurisdictions

Judicial Support Services

Legal Aid and Defence Counsel Issues

 

ICTY Manual on Developed Practices

http://www.icty.org/x/file/About/Reports%20and%20Publications/manual_developed_practices/icty_manual_on_developed_practices.pdf

From the Introduction to the Manual:

As the ICTY proceedings draw to a close, it has become increasingly important to emphasize the shared responsibility of international and national jurisdictions in the prosecution and prevention of war crimes, and crimes against humanity and genocide. The close cooperation between international and domestic courts is essential to maintaining the radical departure from a culture of impunity and to fostering a culture of accountability. In this perspective, one should view the completion of the ICTY’s mandate as a strategy devised to allow the continuation by domestic actors of the activities that were initiated by the ICTY. The ICTY’s pioneering role and its unprecedented body of practice and case law will be its most significant achievement, and the continuation of its work through the local prosecution of war crimes by courts in the region its real legacy.

However, criminal proceedings for violations of IHL at the domestic level will only succeed if domestic institutions have sufficient resources and adequate capacity to handle complex criminal trials of this nature. The purpose of this Manual is to contribute to this process of capacity-building by sharing the ICTY experiences and established practices in the prosecution and adjudication of complex cases. Other international and mixed jurisdictions will also benefit from this work, so that the know-how developed by the ICTY may provide some guidance on the challenges of delivering justice.

LawCite – foreign and international case law citator

Graham Greenleaf and the team at the Australian Legal Information Institute have released LawCite Alpha. LawCite Alpha provides, free of charge, case citations from international tribunals, such as ICJ and ICTY, and dozens of foreign courts, including Australia, Malaysia, Canada, Thailand, South Africa and the United States. The database includes common law and civil law jurisdictions. Fortunately, the search interface is quite forgiving, so there is no need to worry about spacing and periods, as long as the citation is correct. In addition to citations, one can search by jurisdiction, party name and legislation. LawCite Alpha also contains citations to law journal articles, searchable by citation, author, and title.  Many thanks to Graham and his colleagues for sharing this useful research tool.

LawCite Alpha

http://www.austlii.edu.au/LawCite/

 

Additional information from the Law Cite Alpha press release.

There are over two million cases for which LawCite holds citation records at present. This number is expected to increase very significantly as LawCite develops. It also includes early development of a law journal article citator, tracking citations of journal articles in both cases and other articles.

LawCite is constructed solely by automated means, by the extraction of citation information from

the content of legal information institutes, available through the cooperation of the Free Access to Law Movement.  It is an international citator, provides citation records for cases decided by courts in at least 50 countries (though with considerably varying coverage).  It therefore also includes numerous citations of cases by courts in jurisdictions other than the one in which the case was decided. Lawcite does not include editorial judgments of whether a case was distinguished, reversed, etc by subsequent cases. It concentrates on demonstrating the patterns of case citation, and also provides parallel citations for cases.