Journal Article

An Odd Couple

Marko Milanović

in Journal of International Criminal Justice

Volume 5, issue 5, pages 1139-1152
Published in print November 2007 | ISSN: 1478-1387
Published online November 2007 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqm074
An Odd Couple

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This article examines one of the most serious flaws of the Statute of the Special Tribunal for Lebanon (‘STL’): while it provides that Lebanese domestic law is the sole source of crimes over which the STL will have jurisdiction, it at the same time applies to these domestic crimes uniquely international forms of criminal responsibility, namely joint criminal enterprise and command responsibility. By doing so, the Statute is in violation of the nullum crime sine lege principle, since it would allow for the conviction of persons who could not be held responsible under Lebanese law. The purpose of this article is to highlight some ways out of this problem.

Journal Article.  6510 words. 

Subjects: Criminal Law ; International Law

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