Rule 11 of bis of the International Criminal Tribunal for the Former Yugoslavia: Referral of Indictments to National Courts

Abstract

The United Nations Security Council created the International Criminal Tribunal for the Former Yugoslavia in an effort to restore peace and security to the region. The Tribunal is an ad hoc institution and has a limited existence. A Completion Strategy was established by the U.N. Security Council to bring the work of the Tribunal to a conclusion. An important aspect of this Completion Strategy is the use of Rule 11 bis to transfer certain cases from the Tribunal to national courts. This article looks at the background, process, and judicial determination of Rule 11 bis requests.