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The Making of International Criminal JusticeThe View from the Bench: Selected Speeches$
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Theodor Meron

Print publication date: 2011

Print ISBN-13: 9780199608935

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199608935.001.0001

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The Principle of Legality in International Criminal Law

The Principle of Legality in International Criminal Law

(p.110) 10 The Principle of Legality in International Criminal Law
The Making of International Criminal Justice

Theodor Meron

Oxford University Press

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

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