The Restorative Justice in Light of the 2002 International Criminal Tribunal of Yugoslavia

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Esmaeil Nasab Hossein

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Journal Paper

Paper Information

Journal: INTERNATIONAL STUDIES JOURNAL Year:2019 | Volume:16 | Issue:1 (61) Page(s): 127-155

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Title

The Restorative Justice in Light of the 2002 International Criminal Tribunal of Yugoslavia

Author(s)

Esmaeil Nasab Hossein | Issue Writer Certificate

Keywords

Restorative JusticeQ1

CustomsQ2

International RulesQ1

YugoslaviaQ2

CourtQ1

Abstract

In order not to disturb international peace and stability and keep domestic criminals in Yugoslavia safe, the UN Security Council with the experience of setting up Tokyo-Nuremberg International Criminal Tribunals, formed another tribunal in the process of fulfilling the long-term goals of transitional justice, called the Yugoslav international tribunal so that this transitional Tribunal respects the principle of the lawfulness of criminal proceedings and the fairness, respect the rights of the defendants and offenders, the internal laws of Yugoslavia, the accepted rules of international law, the documents accepted by the Government of Yugoslavia and the international custom that has been established before in order to cite and identify the offenders. Therefore, the question of this research is what approaches the Provisional Tribunal used in issuance of its 2002 judgments against four convicts: Konarak, Kwak, Vukovik-Milan Simic-Vasjlovik and Kornojlac using discounts and post-conviction penalties? Have they committed criminal acts? In this article, while reviewing those opinions, we have analyzed and evaluated the defendants views, the theory of the principle of individual punishment, the effect of the defendants personality and co-operation on the exercise of redress as Restorative Justice in a descriptive-analytical manner. (Reduction of punishment depending on the circumstances of the accused and crime at trial).

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APA: Copy

Esmaeil Nasab, Hossein. (2019). The Restorative Justice in Light of the 2002 International Criminal Tribunal of Yugoslavia. INTERNATIONAL STUDIES JOURNAL, 16(1 (61) ), 127-155. SID. https://sid.ir/paper/367482/en

Vancouver: Copy

Esmaeil Nasab Hossein. The Restorative Justice in Light of the 2002 International Criminal Tribunal of Yugoslavia. INTERNATIONAL STUDIES JOURNAL[Internet]. 2019;16(1 (61) ):127-155. Available from: https://sid.ir/paper/367482/en

IEEE: Copy

Hossein Esmaeil Nasab, “The Restorative Justice in Light of the 2002 International Criminal Tribunal of Yugoslavia,” INTERNATIONAL STUDIES JOURNAL, vol. 16, no. 1 (61) , pp. 127–155, 2019, [Online]. Available: https://sid.ir/paper/367482/en

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