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Referral of the Indictment to Another Court

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Chapter Summary

Rule 11 bis, entitled Referral of the Indictment to another Court, was revised in September 2002. Revision was necessary in order to give effect to the broad strategy endorsed by the United Nations Security Council for the completion of all Tribunal trial activities at first instance by 2008. The gravity of the crimes charged cannot be assessed only by reference to their legal qualification as genocide, crimes against humanity, or war crimes. The Referral Bench is obliged to satisfy itself that defence counsel will receive the same level of remuneration as they do before the International Tribunal. The fact that national criminal law does not provide for the crime of genocide directly affects the finding of jurisdiction ratione materiae, where the legal qualification of the facts alleged in the confirmed indictment is made.

Keywords: Court; crimes charged; indictment; International Tribunal; jurisdiction; Referral Bench; Rule 11 bis; United Nations

10.1163/ej.9789004163386.i-912.116
/content/books/10.1163/ej.9789004163386.i-912.116
dcterms_subject,pub_keyword
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