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Provisional release in the law of the International Criminal Tribunal for the former Yugoslavia

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Chapter Summary

This chapter examines the law and practice concerning provisional release at the international tribunal with the most jurisprudence to date on the issue: the International Criminal Tribunal for the former Yugoslavia (hereinafter the Tribunal or ICTY). The Statute of the Tribunal is silent on the issue of provisional release. It guarantees that measures shall be taken to ensure the protection of victims and witnesses. Provisional release is governed by Rule 65 of the Tribunals Rules of Procedure and Evidence (RPE), which provides that, once detained, an accused may not be released except upon an order of a Trial Chamber. The nature of the discretionary power is that it is a discretion to refuse the order notwithstanding that the applicant has established the two matters that that Rule identifies.

Keywords: ICTY; provisional release



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