МЕЂУНАРОДНИ КРИВИЧНИ СУД ЗА БИВШУ ЈУГОСЛАВИЈУ – ИЗ ПЕРСПЕКТИВЕ ЉУДСКИХ ПРАВА
INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA – HUMAN RIGHTS PERSPECTIVE

Summary/Abstract: This paper deals with the law and practice of the International Criminal Tribunal for the former Yugoslavia from the human rights perspective. In particular, the author tries to clarify methods by which the Tribunal has sought to protect human rights of parties in the proceedings. In that respect, the author criticizes the Tadic decision where the Trial Chamber held that it was not bound by universal human rights principles because of its unique structure and the nature of subject matter it dealt with. In his further analysis of the question whether the ICTY’s jurisprudence is in line with human rights standards, the author explores three sets of questions. First, certain substantive law issues are investigated in order to determine whether the ICTY is involved in the so-called progressive development, or this body merely applies the existing rules of International Humanitarian Law. Second, the author explores the equality of arms principle and concludes that it is one-sided, because there is no real possibility for the accused to properly examine all exculpating and mitigating materials. In addition, the author argues that in criminal matters, it is the ‘beyond reasonable doubt’ standard of proof rather than the ‘probability standard’ that should be preserved. Besides, the standard of appellate review uniformity applied by the Appeals Chamber significantly restricts the right of appeal. The author concludes that the ICTY’s jurisprudence is, and will be critically evaluated, particularly in attempts to build some solid basis for the imminent jurisprudence of the International Criminal Court.

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