General Principles in the Decisions of the Ad Hoc Criminal Tribunals

Creative Tools for Protecting Individuals

Authors

DOI:

https://doi.org/10.33344/vol18iss1pp86-100

Keywords:

International criminal law, general principles, human dignity, Ad Hoc Tribunals, ICTR, ICTY

Abstract

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.

References

Statutes

The Rome Statute of the International Criminal Court

The Statute of the International Court of Justice

Statute of the International Criminal Tribunal for Rwanda

Statute of the International Criminal Tribunal for the Former Yugoslavia

China’s Criminal Law (1979), as amended in 1997

Treaties and Conventions

International Covenant on Civil and Political Rights

Convention on the Rights of the Child

European Convention on Human Rights

American Convention on Human Rights

African Charter on Human and Peoples’ Rights

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UN General Assembly, Report of the International Law Commission (A/74/10, 2019)

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ICTY

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Prosecutor v. Tadić (Appeals Chamber Judgment on Allegation of Contempt against Prior Counsel, Milan Vujin) ICTY-94-1 (31 January 2000)

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ICTR

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Published

2024-11-01

How to Cite

Kerttula, S. (2024). General Principles in the Decisions of the Ad Hoc Criminal Tribunals: Creative Tools for Protecting Individuals. Helsinki Law Review, 18(1), 86–100. https://doi.org/10.33344/vol18iss1pp86-100