WILL THE JUDGMENT IN THE HAGUE TRIAL CONSTITUTE A PRECEDENT IN INTERNATIONAL LAW? Cover Image

WILL THE JUDGMENT IN THE HAGUE TRIAL CONSTITUTE A PRECEDENT IN INTERNATIONAL LAW?
WILL THE JUDGMENT IN THE HAGUE TRIAL CONSTITUTE A PRECEDENT IN INTERNATIONAL LAW?

Author(s): Petar Bojanić
Subject(s): History of Law, Criminal Law, International Law, Evaluation research
Published by: Српско социолошко друштво
Keywords: precedent; international law; sovereignty; responsibility; judgment;

Summary/Abstract: In this text we are attempting to think the International Criminal Tribunal for the former Yugoslavia together, and always with its necessary connection to the International Court of Justice and International Criminal Court. By paraphrasing the title of another work, the long forgotten Hans Kelsen text from 1947 (today usually used by detractors of the Tribunal) “Will the Judgment in the Nuremberg Trial constitute a Precedent in International Law?”, I wish to distinguish between the two Tribunals (as well as The Treaty of Versaille),and in so doing treat international law as legislative history or judicial precedents (and their recognition).

  • Issue Year: 40/2006
  • Issue No: 1
  • Page Range: 93-114
  • Page Count: 22
  • Language: English