General Principles in the Decisions of the Ad Hoc Criminal Tribunals
Creative Tools for Protecting Individuals
DOI:
https://doi.org/10.33344/vol18iss1pp86-100Keywords:
International criminal law, general principles, human dignity, Ad Hoc Tribunals, ICTR, ICTYAbstract
The Prosecutor v. Furundžija judgment has been criticized for the creative application of the principle of human dignity in expanding the definition of the crime of rape. Here, the main point of critique has been how the International Criminal Tribunal for the former Yugoslavia utilized the principle of human dignity to outweigh legality. This paper seeks to summarise some of the problems arising from the application of general principles in the ad hoc Tribunals in general and in relation to legality, and to answer the question, whether creative ways to utilize general principles should be allowed. The significance of judicial creativity is demonstrated with examples of the effects the judgements have had on individuals and the ICL. These objectives are achieved through critical analysis of relevant literature and case law of the Criminal Tribunals for the Former Yugoslavia and Rwanda, the focus remaining on the Furundžija judgement.
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