The Use of Domestic Sources as a Basis of International Criminal Law Principles
The article studies the question whether and to what extent international criminal tribunals are influenced by common law or civil law legal authority. It is written in two parts. The first written from the civil law view critically reviews the use of domestic sources in the ICTY while the second re...
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| Main Authors: | , |
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2010
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| Subjects: | |
| Online Access: | https://ink.library.smu.edu.sg/sol_research/938 http://worldcat.org/isbn/9780754628651 |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | The article studies the question whether and to what extent international criminal tribunals are influenced by common law or civil law legal authority. It is written in two parts. The first written from the civil law view critically reviews the use of domestic sources in the ICTY while the second replies to these concerns from the common law point of view. The result is a brief debate about the foundations of legal-cultural influences over international criminal justice and in particular the manner in which legal authority is selectively used in the creation of an international criminal jurisprudence by the ICTY. |
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