The Objections to Transfer of Criminal Jurisdiction to the UN Tribunal

In: The international & comparative law quarterly: ICLQ, Band 46, Heft 2, S. 434-442

Abstract

In a previous issue of this Quarterly Colin Warbrick gave an exposition of the British Order in Council (The United Nations (International Tribunal) (Former Yugoslavia) Order 1996) which implements Security Council Resolution 827. This note gives an alternative view of the scope and legality of that Order.Why. it may be said, should anyone want to raise objection to the Order in Council implementing Resolution 827 when it merely introduced a procedure which ensures war criminals (whether Serb, Croat, or Bosnian) seeking refuge in Britain are promptly handed over to face justice?The answer is that, whilst the immediate purpose of the Order in Council may be unobjectionable, the means by which it has been achieved are out of proportion to that purpose, and open the door to further unconsidered transfers of national powers.