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The Proceedings at the Icty and Ictr

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Chapter Summary

This chapter focuses on the proceedings at the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR). All of the judges of the Tribunal for the Former Yugoslavia and the judges of the Tribunal for Rwanda must be independent judges. The Prosecutor acts independently in the performance of his functions and not upon instructions from any government or other source. Under the Statutes and in the Rules of Procedure and Evidence of the ICTY and of the ICTR, the Prosecutor initiates the proceedings on the basis of evidence collected on his/her own initiative or on the basis of information obtained from any other source. Under Rule 62, upon arrest and transfer of the accused to the Tribunal's custody, he shall be brought before a Trial Chamber without delay and shall be formally charged. Pending trial, the accused is detained in the Tribunal's detention unit.

Keywords: ICTY; International Criminal Tribunal for Rwanda (ICTR); Rules of Procedure and Evidence; trial proceedings



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