RELATIONSHIP BETWEEN THE INTERNATIONAL COURT OF JUSTICE AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA IN RESPECT OF THE ADJUDICATION OF GENOCIDEResearch Paper • October 16th, 2020
By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopt ing such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the “World Court” and the ICTY as a specialized tribunal. The paper fo cuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal’s factual and legal findings.The author insists that a substantive criterion, not a formal one, must
RELATIONSHIP BETWEEN THE INTERNATIONAL COURT OF JUSTICE AND THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA IN RESPECT OF THE ADJUDICATION OF GENOCIDEResearch Paper • February 26th, 2016
By opting for the approach based on the dichotomy of individual criminal responsibility for the act of genocide and the responsibility of the State in both the Bosnian and Croatian Genocide cases, the International Court of Justice enabled the establishment of a jurisprudential connection with the judgments of the International Criminal Tribunal for the Former Yugoslavia. After outlining the reasons for adopt- ing such an approach, which are classified as both positive and negative, the author offers an extensive analysis of the differences between the ICJ and ICTY, stressing the necessity to take these differences into account when considering the interconnection between the “World Court” and the ICTY as a specialized tribunal. The paper fo- cuses on the need for a balanced and critical approach to the jurisprudence of the ICTY as regards genocide, by differentiating between the Tribunal’s factual and legal findings.The author insists that a substantive criterion, not a formal one, mu