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37 New Eng. L. Rev. 949 (2002-2003)
The Evolution of Defense Counsel Appearing before the International Criminal Tribunal for the Former Yugoslavia

handle is hein.journals/newlr37 and id is 961 raw text is: The Evolution of Defense Counsel Appearing Before the International Criminal Tribunal for the Former Yugoslavia Mark S. Ellis* There is no question that history will judge the Tribunals for the former Yugoslavia and Rwanda on the fairness or unfairness of their proceedings. Whether there are convictions or whether there are acquittals will not be the yardstick. The measure is going to be the fairness of the proceedings. - Justice Richard J. Goldstone1 INTRODUCTION In 1993, the International Criminal Tribunal for the Former Yugoslavia (ICTY, Tribunal)2 was created under Chapter VII, Article 39 of the U.N. Charter, which empowers the Security Council to maintain or restore international peace and security.3 Born in the aftermath of some of the worst human rights atrocities committed in the latter half of the twentieth century, the ICTY has the seemingly insurmountable task of bringing those responsible to justice. The Tribunal's Statute provides for jurisdiction over serious violations Mark Ellis is currently the Executive Director of the International Bar Association, headquartered in London, England. Prior to joining the IBA, he acted for ten years as the Executive Director of the American Bar Association's CEELI program. The author would like to thank Jennifer Kent for her valuable research and editorial assistance. 1. Richard J. Goldstone, Address Before the Supreme Court of the United States, 1996 CEELI Leadership Award Dinner (Oct. 2, 1996) (transcript on file with author). 2. See Statute of the International Criminal Tribunal for Persons Responcible for Serious Violation of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991, U.N. SCOR, 48th Sess., 3217th mtg. at 28, U.N. Doc. S/RES/827 at art. 1. (1993) [hereinafter ICTY Statute]. 3. U.N. CHARTER, art. 39.