Chapter

Jurisdiction: ‘Beyond Any Doubt’?

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia

Published in print January 2004 | ISBN: 9780199263059
Published online August 2004 | e-ISBN: 9780191601422 | DOI: http://dx.doi.org/10.1093/0199263051.003.0004
 Jurisdiction: ‘Beyond Any Doubt’?

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The political mandate of the International Criminal Tribunal for the Former Yugoslavia impacted jurisdiction in three ways. It influenced the drafting of the Statute of the Tribunal in such a way that it became a very conservative document, due to a perceived need to ensure that the law applied by the Tribunal had a sound legal basis. It defined the territorial and temporal jurisdiction of the Tribunal in as much as it was tied to the situation that was deemed a threat to international peace and security. Finally, it impacted the interpretation of jurisdiction by the court because prosecutors and judges tended to view decisions handed down by the court as relevant not only to the case at hand, but to the development of international humanitarian law.

Keywords: International Criminal Tribunal for the Former Yugoslavia; jurisdiction; political mandate; international humanitarian law

Chapter.  15256 words. 

Subjects: International Relations

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