This directly conflicts with the Constitution's protection against double jeopardy, but again, it parallels the ICTFY statute.
Under their pressure and with the support of international human rights activists, ICTFY investigators in The Hague targeted actions of the North Atlantic Treaty Organization based on civilian deaths resulting from the air bombardment.
The United States should continue to press for changes to the court's statute authorizing a trial by one's peers, a limit on the evidence allowed to direct evidence and not hearsay, the strict adherence to a non-double jeopardy standard, and a willingness to consider an oversight mechanism in the Security Council to preclude politicized prosecutions (as occurred in Bosnia when NATO leaders were charged in the ICTFY).
They are: the Nuremberg(14) and Tokyo(15) tribunal statutes, the 1951(16) and 1953(17) ICC draft statutes, the 1980 draft statute for the creation of an international criminal jurisdiction to enforce the Apartheid convention,(18) the 1993 ICTFY Statute,(19) and the 1994 ICTR Statute.(20)
The detrimental consequences of a relatively large number of broadly dissenting opinions is well illustrated by the effect which the appeal decisions in the Tadic(35) case before the ICTFY had on the jurisprudence of that Tribunal.
This was the Choice of the Security Council when it established the ICTFY and the ICTR.