Примеры использования Such a tribunal на Английском языке и их переводы на Русский язык
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However, establishing such a tribunal meant submitting a bill to the National Assembly.
The current situation, however, was one in which the international community could establish such a tribunal, which would strengthen international law.
Whether to seek to establish such a tribunal with any other regional State, rather than pursuing options 3 or 4, would require careful assessment.
Although this would make case management more transparent to the local population, such a tribunal would be very costly to establish and could not be set up quickly.
Such a tribunal should then have jurisdiction over all crimes under international law committed by any party in the Territory since the departure of the colonial Power.
The key issue seems to be the legally binding nature of the resolution creating such a tribunal- especially provisions requesting cooperation with it.
The objection to establishing such a tribunal expressed by some Governments in their comments was also recalled during the debate in plenary.
Mr. NEUHAUS(Australia) said that the essence of the draft statute for an international criminal court developed the proposal for such a tribunal in the right direction.
In order to work andbear the type of authority needed, such a tribunal should be established under the auspices of the Governor-General and supported by the Prime Minister and Parliament.
Senior judiciary officials dispute this, arguing that there is legislation which refers to the Court andthat in any case it was within the competence of the Leader to establish such a tribunal.
He questioned the State party's ability to institute such a tribunal without international assistance, as well as its willingness to take into account the views of the group of experts.
The State party recalls that, while not bound to follow a domestic tribunal's findings of fact,the Committee will give considerable weight to the facts found by such a tribunal.
He added that even if such a tribunal were to be successfully established in Cambodia without external assistance, it would inevitably fall prey to political pressures and would not enjoy the confidence of the population.
The Commission is evaluating its work in the light of the creation of a special tribunal for Lebanon andis envisaging future planning activities to facilitate the transition to such a tribunal.
Such a tribunal would also need to take account of the principles regarding individual criminal responsibility discussed above, in particular command responsibility and the availability of certain defences.
His delegation agreed with the independent expert that an international criminal tribunal should be created,but believed that such a tribunal should retain the country's existing justice system.
Such a tribunal should not, however, serve to discourage States from exercising their own jurisdiction over the crimes in question or from taking primary responsibility from rendering justice in those cases.
It is arguable(although contested)that the General Assembly might establish such a tribunal by invoking its authority to"establish such subsidiary organs as it deems necessary for the performance of its functions.
Such a Tribunal will play an important role in settling disputes between States related to the seas and oceans and in promoting effective implementation of the Convention, so as to maintain the international legal order of the seas.
Finally, in the light of the proposed creation of a special tribunal for Lebanon, the Commission will realign its objectives andorganize its work in a manner that will facilitate the transition to such a tribunal.
The defence maintained that such a tribunal did not have jurisdiction to judge the case, being authorized only to deal with offences against the penal law and the Code of Military Justice committed by military personnel in the performance or at the time of their duties.
The establishment of"Special Panels" with exclusive jurisdictions over serious criminal offences does not preclude the jurisdiction of an international tribunal for Timor-Leste over such offences, should such a tribunal be established.
General recommendation XVIII on the establishment of an international tribunal to prosecute crimes against humanity, considered that such a tribunal with general jurisdiction should be established to prosecute various crimes, including rape.
Whether or not the agreement to establish such a tribunal should incorporate aspects of the national law of the host State in order to set out the jurisdiction, including the crimes, would be a matter for discussion and negotiation between the host State and the United Nations.
If, for instance, States are willing to agree to submit their dispute to an international tribunal, they may establish such a tribunal on their own accord or with the assistance of a third party a disinterested State or international organization, for instance.
Mr. VIO GROSSI(Chile) said that the considerable progress that had been made by the International Law Commission in its study of the draft statute for an international criminal tribunal andthe recent events in former Yugoslavia had strengthened his Government's position in support of the idea of setting up such a tribunal.
There is no doubt that such a tribunal will involve a significant commitment of resources, as the appropriation for the International Tribunal for the Former Yugoslavia for 1998 was $68,829,800(gross) and that for the International Criminal Tribunal for Rwanda was $56,736,300 gross.
Recalling the views of the human rights bodies that proceedings against civilians should not be conducted by a military tribunal or a tribunal whose composition includes one ormore members of the armed forces because such a tribunal is not competent, independent and impartial in relation to civilians.
For example, Croatia had from the very beginning of Serb aggression advocated the need to establish such a Tribunal, and cooperated with the Tribunal prior to and especially following the adoption of the Constitutional Law on Cooperation with the Tribunal, both in terms of the extradition of all Croats indicted to date, including the recent extradition of Vinko Martinović, and the surrender of documents, data, reports, hearings, findings by various commissions, etc.
The use of exceptional courts to try civilians has impacted upon the effectiveness of regular court systems and often has seriously prejudicial impacts on due process and nondiscrimination rights, depending upon the nature of the tribunal or court andany restrictions placed upon a person facing charges before such a tribunal.