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Prosecutor v. Dragan Nikolić (Decision of the Interlocutory Appeal Concerning Legality of Arrest), Case No. IT-94-2-AR73

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image of The Law & Practice of International Courts and Tribunals

In a 5 June 2003 decision, the appeals chamber of the ICTY considered for the first time the question of whether it possessed jurisdiction to proceed with a case, despite the fact that the accused was before it by virtue of an illegal capture. The appeals chamber's decision to overlook breaches of international law in order to ensure Dragan Nikolić's conviction was arrived at without a thorough review of the relevant facts or law, resulting in a precedent that is seriously flawed.

10.1163/157180305774859613
/content/journals/10.1163/157180305774859613
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/content/journals/10.1163/157180305774859613
2005-12-01
2016-12-04

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