Prosecutor v. Blaškić (Application to Vary Conditions of Detention)

Abstract

Human rights — Detention — Detention pending trial — Whether presumption in favour of liberty pending trial — Whether applicable to defendant facing trial by international tribunal — House arrest

International criminal law — Pre-trial procedures — Detention pending trial — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure, Rules 64 and 65 — Application for provisional release — Application for relaxation of detention conditions — Detention outside United Nations Detention Unit — Preconditions — Requirements to be observed by defendant — Concept of house arrest in domestic legal systems

International organizations — United Nations — Security Council — Legally binding resolution — Security Council Resolution 827 (1993) — Obligation upon States to cooperate with International Criminal Tribunal for the Former Yugoslavia — Nature and extent of obligation

Relationship of international law and municipal law — Conflict between international law and municipal law obligations — Principle that State cannot rely upon municipal law to relieve it of its international obligations — Duty of international judge — Obligations imposed by Security Council requiring States to take all necessary measures in municipal law — Obligation of conduct — Requirement to cooperate with International Criminal Tribunal for the Former Yugoslavia