The power of the trial: an analysis of the impact of strategic litigation on international law in the context of the Kadic v. Karadžić case Cover Image

Siła procesu. Analiza wpływu strategicznej litygacji na prawo międzynarodowe w kontekście sprawy Kadic v. Karadžić
The power of the trial: an analysis of the impact of strategic litigation on international law in the context of the Kadic v. Karadžić case

Author(s): Aleksandra Lewandowska
Subject(s): Gender Studies, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: strategic litigation; woman rights; human rights; war crime, genocide; crimes against humanity;

Summary/Abstract: This article is an attempt to discuss the influence of strategic litigation on the prac-tice of the international law, based on the example of trial Kadic v. Karadžić, which referred to repercussions of the Bosnian civil war. The author begins her deliberations with abrief historical outline of the development of the international law (more precisely, the law of war), with special regard to the concept of genocide. Next, the author analyzes the concept of sexual violence and its use in the context of armed conflicts. Pointing to certain regularities in the international law author analyzes the phenomena of the so-called “male perspective on rights.” In the next part of the article, the author introduces the context and the actual state of the Kadic v. Karadžić case. In the last part of the article, based on the concept of strategic litigation, the author analyzes the strategic nature of the Kadic v. Karadžić trial.

  • Issue Year: 48/2024
  • Issue No: 1
  • Page Range: 9-25
  • Page Count: 17
  • Language: Polish
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