Challenging International Criminal Tribunals Before Domestic Courts

Jean d'Aspremont and Catherine Brölmann

in Challenging Acts of International Organizations Before National Courts

Published in print September 2010 | ISBN: 9780199595297
Published online January 2011 | e-ISBN: 9780191595752 | DOI:
Challenging International Criminal Tribunals Before Domestic Courts

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This chapter demonstrates that in the field of international criminal law decisions of international courts and tribunals have recurrently been challenged before national courts. Since most international criminal courts and tribunals are either organs of international organizations, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) or the International Criminal Tribunal for Rwanda (ICTR), or enjoy the status of an international organization (International Criminal Court), putting their judgments into question amounts to challenging the acts of an international organization. It is against the backdrop of the obligation of States to cooperate with these international tribunals that national courts have often been called upon to address such challenges, mostly in the context of the transfer of a suspect. In these cases, they have faced a dilemma arising out of the need to secure the independent and efficacious functioning of the international tribunal while simultaneously safeguarding domestic fundamental rights.

Keywords: international criminal tribunals; domestic courts; ICTY; ICTR; transfer; surrender; fair trial; monism; dualism; constitutionalism

Chapter.  13463 words. 

Subjects: Constitutional and Administrative Law

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