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What's in a Name? Labels and the Statute of the International Criminal Tribunal for the Former Yugoslavia

Published online by Cambridge University Press:  11 March 2005

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Abstract

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The ICTY has interpreted its Statute as a ‘treaty’. This was not the intention of the UN Secretariat and the Security Council, and is not consistent with other treatments of the Statute. While the Statute literally satisfies the definition of ‘treaty’ in the 1969 Vienna Convention, this shows only the generality of that definition. The adoption of more precise labels for the Statute and other multi-state instruments adopted by international organizations through representational mechanisms would avoid confusion and promote better understanding of the rules that govern them.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Copyright
© 2005 Foundation of the Leiden Journal of International Law