United Nations Justice or Military Justice: Which is the Oxymoron? An Analysis of the Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia

Authors

Joseph L. Falvey, Jr.

Abstract

This Article compares the protections and rights provided an accused before the Tribunal with those protections and rights provided an accused before U.S. courts-martial. Part I provides an overview of the statute creating the Tribunal and identifies the general principles the statute appears to advance. Part II analyzes the Tribunal's procedural and evidentiary rules, compares these rules to the analogous military rules, and discusses how well the Tribunal rules comport with the general principles advanced by the statute. This Article concludes that the Tribunal rules, although fundamentally sound, are not as protective of the individual rights of the accused as the military justice system and recommends modifications of the Tribunal rules to remedy the noted deficiencies.

Recommended Citation

Joseph L. Falvey, Jr., United Nations Justice or Military Justice: Which is the Oxymoron? An Analysis of the Rules of Procedure and Evidence of the International Tribunal for the Former Yugoslavia, 19 Fordham Int'l L.J. 475 (1995).
Available at: https://ir.lawnet.fordham.edu/ilj/vol19/iss2/8