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36 Colum. J. Transnat'l L. 723 (1998)
Rule 61: The Voice of the Victims Screams Out for Justice

handle is hein.journals/cjtl36 and id is 729 raw text is: Rule 61: The Voice of the Victims
Screams Out For Justice
Although the International Criminal Tribunal for the Former
Yugoslavia (ICTY) has been operating for almost five years
and has indicted over seventy-five war criminals, only one
war criminal has been fully tried and only twenty indictees
are currently in Tribunal custody. Moreover, the most
notorious war criminals, Radovan Karadzic and Radko
Mladic, remain at-large. Anticipating this problematic
situation when the Tribunal was created, the drafters of the
ICTY created a procedure entitled Rule 61. The Rule 61
procedure would enable the ICTY to issue an international
arrest warrant against the accused as well as to compile a
public record of an alleged war criminal's involvement in the
atrocities without conducting a highly controversial trial in
absentia. This Note traces the evolution of the Rule 61
procedure. First, the Note discusses the creation of the ICTY
and the provisions that were enacted to place an obligation
on the international community to bring the accused to
justice. The Note then examines the operation of the Rule 61
proceedings and how the Rule 61 procedure was crafted as
a compromise to avoid conducting trials in absentia when the
ICTY is unable to acquire custody of the accused. Next, the
Note discusses that while the Rule 61 procedure represents
an interesting solution to the problem of the absent defen-
dant, invoking the Rule transforms the Tribunal's main
function of acting as a justice-rendering institution into
serving as a fact-finding body more akin to a truth commis-
sion. This transformation creates a disincentive on the part
of the international community to arrest suspected war
criminals and bring them to the Hague for trial. The Note
concludes that acquiring the accused, putting him on trial,
and rendering judgment is the only way to achieve justice for
the victims of the Yugoslavian conflict.

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