Prosecutor v. Mrkšić, Radić, Šljivančanin and Dokmanović (Decision on the Motion for Release by the Accused Slavko Dokmanović)

Abstract

Human rights — Liberty of person — Right not to be deprived of liberty except in accordance with law — Principle of legality aimed at lawfulness of procedure and substance — Abduction from one State to face trial in another — Accused lured into travelling to another State and then arrested — Whether violation of international law rights of the accused — Whether relevant that there was no extradition treaty — Person wanted for trial by International Criminal Tribunal for the Former Yugoslavia

International criminal law — Principles — Procedure — Arrest of accused person to stand trial before international tribunal — Requirements for lawfulness of arrest — Whether unlawful arrest vitiates jurisdiction

International organizations — United Nations — Security Council — Powers under Chapter VII of the United Nations Charter — Establishment of International Criminal Tribunal for the Former Yugoslavia — Establishment of United Nations Transitional Administration for Eastern Slavonia (“UNTAES”) — Authority of UNTAES — Whether exercising executive authority — Powers of arrest — Execution of arrest warrant by UNTAES on behalf of International Criminal Tribunal for the Former Yugoslavia

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Statute and Rules of Procedure — Provision for issue and execution of arrest warrants — Whether warrants may be executed by international authorities instead of States

Jurisdiction — Executive — Powers of arrest — International law restrictions on powers of arrest — Requirement not to violate the sovereignty of a State — Human rights of the accused