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Nato'S Attack On Yugoslavia: The Deputation Of An Ad Hoc International Constabulary

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Chapter Summary

This chapter discusses the surrounding possible alternative sources of lawful authority for North Atlantic Treaty Organization (NATO)'s humanitarian intervention unique to the status of the Former Yugoslavia in international criminal law. The statutory basis of the Tribunal would indicate that, under International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (ICTY) direction, NATO may serve Tribunal requests for assistance, orders, and warrants in the territory of the Federal Republic of Yugoslavia (FRY) without transgressing the UN Charter. By this reasoning, NATO could cloak certain military actions of the Kosovo campaign under the lawful authority of Chapter VII to secure crime scenes, collect evidence, and protect witnesses and victims. Conforming to this approach would mark the evolution from regional vigilante justice to the deputation of an ad hoc international constabulary.

Keywords: ad hoc international constabulary; Federal Republic of Yugoslavia (FRY); former Yugoslavia; humanitarian intervention; international criminal law; international criminal tribunal; Kosovo campaign; North Atlantic Treaty Organization (NATO); UN Charter



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