From Nuremberg to the Hague and beyond: International criminal law in courts: Court of Bosnia And Herzegovina as an example Cover Image

From Nuremberg to the Hague and beyond: International criminal law in courts: Court of Bosnia And Herzegovina as an example
From Nuremberg to the Hague and beyond: International criminal law in courts: Court of Bosnia And Herzegovina as an example

Author(s): Manfred Dauster
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, International Law, Human Rights and Humanitarian Law
Published by: Univerzita Komenského v Bratislave
Keywords: genesis of humanitarian law; international criminal law; failures in institutionalizing the adjudication; genocide in Former Yugoslavia; UN-ad hoc Tribunal; making of a national War Crimes C

Summary/Abstract: International criminal law in courts will seize our interest forever. Adjudication of inter-national criminal law violations have to happen in and by courts. They may be national courts; they also may be international (permanent or ad hoc) courts. Not to forget: It is also proposed to pros-ecute internationally active terrorists by international courts. It is worthwhile to take a short look at the historical development of such discussions. The so-called International (Legal) Community has discussed all forms of international criminal jurisdiction and will keep on discussing. In Bosnia and Herzegovina once the so-called internationals started an experiment with the (national) Court of Bosnia and Herzegovina, which in its nutshell was an administrative court that then was turned into a hybrid court predominantly for war crimes (and other serious felonies). As such a hybrid institution the Court was successful. International judges have left and the court became a purely national institution again. The short hybrid history of this court in a corner of the Western Balkans is worthwhile to be studied shortly.

  • Issue Year: 3/2019
  • Issue No: 2
  • Page Range: 76-83
  • Page Count: 8
  • Language: English