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Prosecutor v. Mladić (U.N. Int'l Residual Mechanism Crim. Tribunals App. Chamber)

Published online by Cambridge University Press:  25 October 2021

Steven Arrigg Koh
Steven Arrigg Koh*
Affiliation:
Steven Arrigg Koh is the Marianne D. Short and Ray Skowyra Sesquicentennial Assistant Professor of Law at Boston College Law School. Previously, he served as Trial Attorney in the Criminal Division of the U.S. Department of Justice, as Associate Legal Officer in Trial Chamber III at the U.N. International Criminal Tribunal for the former Yugoslavia (Prosecutor v. Radovan Karadžic' trial), and as a Visiting Professional in the Presidency of the International Criminal Court (ICC).
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Extract

On June 8, 2021, the UN International Residual Mechanism for Criminal Tribunals (Mechanism) Appeals Chamber delivered its appeals judgment in Prosecutor v. Ratko Mladić. The judgment affirmed the 2017 trial judgment of Trial Chamber I of the UN International Criminal Tribunal for the former Yugoslavia (ICTY), which convicted Mladić, the Bosnian Serb commander, of genocide, crimes against humanity, and war crimes during the war in Bosnia between 1992 and 1995, as well as affirming his sentence of life imprisonment. This constituted Mladić's final appeal, opening the door for his assignment to a prison somewhere in Europe.

Type
International Legal Documents
Information
International Legal Materials , Volume 61 , Issue 2 , April 2022 , pp. 207 - 342
Copyright
Copyright © The Author(s), 2021. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 See generally Steven Arrigg Koh, Geography and Justice: Why Prison Location Matters in U.S. and International Theories of Criminal Punishment, 47 Vand. J. Transnat'l L. 1267 (2013) (describing the process whereby international convicts are assigned to a prison in Europe or Africa).

2 U.N. Int'l Residual Mechanism for Crim. Tribunals, About, https://www.irmct.org/en/about; id., Functions of the Mechanism, https://www.irmct.org/en/about/functions.

3 See generally https://scholarship.law.cornell.edu/facpub/211.

4 Susana SaCouto, Victim Participation at the International Criminal Court and the Extraordinary Chambers in the Courts of Cambodia: A Feminist Project, 18 Mich. J. Gender & L. 297 (2012).

5 https://www.theguardian.com/world/2011/may/26/ratko-mladic-serbia-eu-membership; see also Steven Arrigg Koh, Marbury Moments, 54 Colum. J. Transnat'l L. 116 (2015) (describing how young courts build institutional legitimacy during their early years).

6 Ian Traynor, Ratko Mladic arrested: what it means for Serbia's EU membership, The Guardian (May 26, 2011), https://www.icc-cpi.int/resource-library/documents/rs-eng.pdf.

7 Asser Institute, Hybrid Courts, https://www.asser.nl/nexus/international-criminal-law/the-history-of-icl/hybrid-courts.

8 Linda E. Carter, The Principle of Complementarity and the International Criminal Court: The Role of Ne Bis in Idem, 8 Santa Clara J. Int'l L. 165 (2010), https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1182&context=facultyarticles.

9 See Steven Arrigg Koh, Core Criminal Procedure, 105 Minn. L. Rev. 251, 314-16 (2020) (discussing the history of establishment of such investigative mechanisms).

10 See generally Steven Arrigg Koh, Foreign Affairs Prosecutions, 94 N.Y.U. L. Rev. 340 (2019) (describing foreign affairs prosecutions and their intersection with international criminal legal mechanisms); Steven Arrigg Koh, The Criminalization of Foreign Relations. 90 FORDHAM L. REV. (forthcoming 2021) (describing the use of extraterritorial law enforcement policy in U.S. foreign relations).