The protection of human rights in international Criminal Justice

the particular case of the international criminal tribunal for the Former Yugoslavia in relation to customary law and the principle of legality

Authors

  • Elena C. Díaz Galán , Universidad Rey Juan Carlos de Madrid
  • Harold Bertot Triana University of Havana image/svg+xml

DOI:

https://doi.org/10.20318/universitas.2019.4510

Keywords:

international law of human rights, principle of legality, international humanitarian law, international custom

Abstract

The work of the International Criminal Tribunal for the former Yugoslavia was important for understanding the principle of legality as a key principle on the guarantee of Human Rights. The former was due to the Tribunal’s work on having faced the customary law as a source of law using different perspectives for its identification. The link between customary law, principle of legality and human rights has to be analyzed taking in account the limits of International law and the procedures for creating legal norms. It is not easy to invoke responsibility in the fulfillment of international humanitarian law and international law of human rights. The practice developed by this Tribunal provides an avenue for thinking about ensuring the respect of the human rights in any case including the commission of grave crimes against international community.

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Published

2018-12-13

Issue

No. 29 (2019)

Section

Artículos

License

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How to Cite

“The Protection of Human Rights in International Criminal Justice: The Particular Case of the International Criminal Tribunal for the Former Yugoslavia in Relation to Customary Law and the Principle of Legality”. 2018. UNIVERSITAS. Revista De Filosofía, Derecho Y Política, no. 29 (December): 70-100. https://doi.org/10.20318/universitas.2019.4510.