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Poaching in The Hague: Analysis of Evidence of a Joint Criminal Enterprise in the ICTY Case IT-04-74 Kindle Edition
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Miroslav Tuđman’s book, Poaching in The Hague, is an interdisciplinary analysis of the historical, legal and international documents about the goal of the Joint Criminal Enterprise in the IT-04-74 case, on the basis of which the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY) pronounced Jadranko Prlić, Bruno Stojić, Slobodan Praljak, Milivoj Petković, Valentin Ćorić and Berislav Pušić guilty. This book is the most comprehensive analysis to date of an ICTY verdict. Miroslav Tuđman leaves an indispensable bequest to future researchers of the policies, development and goals of the Hrvatska zajednica (Republika) Herceg-Bosna (HZ/R/HB) (Croatian Community (Republic) Herceg-Bosnia) and also of the policies of the Republic of Croatia towards Bosnia and Herzegovina during the war. Those interested in the inner dynamic behind the ICTY’s decisions will also find this book a treat.
"Miroslav Tuđman has written a book which should be compulsory reading, not only for those interested in the tangled story of the Croat-Muslim War of 1992-1994, but also in the work of the Hague Tribunal (ICTY), and in the wider problems of supranational criminal justice. The ICTY devised, at an earlier stage, the entirely new concept of a 'Joint Criminal Enterprise' (JCE), in order to secure the conviction of people that the prosecutors thought should be punished. In British law, the evidence used to secure such convictions would have been inadmissible, and rightly so. The ICTY is as an object lesson in international institutional failure. Miroslav Tuđman shows us why." Robin Harris, historian and former policy adviser to Prime Minister Margaret Thatcher
"The concept of a Joint Criminal Enterprise many experts and analysts see as a ‘net’, or ‘magic bullet’ utilized by the Prosecution for the purpose of summarily punishing those the powers that be want to see punished, not on account of their alleged crimes but on the basis of their affiliation with a certain civil or military structure whose members, positioned at lower rungs of the hierarchical ladder, may have committed the crimes in question. The concept of a Joint Criminal Enterprise is not a feature of customary law. But, the Appeals Chamber negated the dictates of customary law by announcing independence from all legal precedent and established practice. Miroslav Tuđman, in his book, lays bare the self-indulgent nature of the Hague Tribunal, excoriates the tribunal’s penchant for disregarding pertinent evidence and historical facts and proves that the Prlić et al. was, ultimately, a failed experiment that resulted in a miscarriage of justice." Davor Derenčinović, Professor of Criminal Law, Faculty of Law, University of Zagreb
"Miroslav Tuđman has written a book which should be compulsory reading, not only for those interested in the tangled story of the Croat-Muslim War of 1992-1994, but also in the work of the Hague Tribunal (ICTY), and in the wider problems of supranational criminal justice. The ICTY devised, at an earlier stage, the entirely new concept of a 'Joint Criminal Enterprise' (JCE), in order to secure the conviction of people that the prosecutors thought should be punished. In British law, the evidence used to secure such convictions would have been inadmissible, and rightly so. The ICTY is as an object lesson in international institutional failure. Miroslav Tuđman shows us why." Robin Harris, historian and former policy adviser to Prime Minister Margaret Thatcher
"The concept of a Joint Criminal Enterprise many experts and analysts see as a ‘net’, or ‘magic bullet’ utilized by the Prosecution for the purpose of summarily punishing those the powers that be want to see punished, not on account of their alleged crimes but on the basis of their affiliation with a certain civil or military structure whose members, positioned at lower rungs of the hierarchical ladder, may have committed the crimes in question. The concept of a Joint Criminal Enterprise is not a feature of customary law. But, the Appeals Chamber negated the dictates of customary law by announcing independence from all legal precedent and established practice. Miroslav Tuđman, in his book, lays bare the self-indulgent nature of the Hague Tribunal, excoriates the tribunal’s penchant for disregarding pertinent evidence and historical facts and proves that the Prlić et al. was, ultimately, a failed experiment that resulted in a miscarriage of justice." Davor Derenčinović, Professor of Criminal Law, Faculty of Law, University of Zagreb
- LanguageEnglish
- Publication dateDecember 12, 2020
- File size18.4 MB
Due to its large file size, this book may take longer to download
Product details
- ASIN : B08QH4ST6R
- Accessibility : Learn more
- Publication date : December 12, 2020
- Language : English
- File size : 18.4 MB
- Screen Reader : Supported
- Enhanced typesetting : Enabled
- X-Ray : Not Enabled
- Word Wise : Enabled
- Print length : 829 pages
- Page Flip : Enabled