The Principle of Legality in International Criminal Law

Theodor Meron

in The Making of International Criminal Justice

Published in print July 2011 | ISBN: 9780199608935
Published online September 2011 | e-ISBN: 9780191729706 | DOI:
The Principle of Legality in International Criminal Law

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This chapter begins by addressing the question of whether the International Criminal Tribunals for the former Yugoslavia and Rwanda have violated the principle of legality and thus denied defendants due process. It is argued that those convicted by the Tribunals understood that the categories of behavior they were convicted of committing, promoting, or aiding and abetting were illegal. It is further argued that the Tribunals' operations and jurisprudence have not led to violations of the principle of legality. The chapter then focuses on two relevant aspects of the Tribunals' work that are sometimes criticized: their categorization of certain actions and their use of customary law.

Keywords: international tribunals; legality; due process; former Yugoslavia; Rwanda; categorization; customary law

Chapter.  1985 words. 

Subjects: Human Rights and Immigration

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