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The Crime of Persecution in the ICTY Case-law

Jonas Nilsson

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The ICTY prosecutor and judges have found in the crime of persecution a suitable category to address the types of crimes committed in the former Yugoslavia during the conflict in the 1990s. For ... More


Legal Duty and Political Obligation

Jeffrey Brand-Ballard

in Limits of Legality: The Ethics of Lawless Judging

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195342291
eISBN:
9780199867011
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195342291.003.0010
Subject:
Philosophy, Political Philosophy

This chapter evaluates and rejects the claim that judges have a moral duty to adhere to the law because they are legally obligated to do so (a thesis suggested, but not conclusively defended, in ... More


The Principle of Legality at the Crossroads of Human Rights and International Criminal Law

Shane Darcy

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0012
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights ... More


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