The Use of Domestic Sources as a Basis of International Criminal Law Principles

Publication Type

Book Chapter

Publication Date

4-2010

Abstract

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.

Keywords

International Criminal Law

Discipline

Criminal Law | International Law | Jurisdiction

Publication

Globalization of Criminal Justice

Editor

M. Bohlander

First Page

69

Last Page

92

ISBN

9780754628651

Publisher

Ashgate

City or Country

Aldershot

Additional URL

http://wordcat.org/isbn/9780754628651

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