Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Referral of the Indictment to Another Court

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Jurisprudence of the International Criminal Courts and the European Court of Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation