Book contents
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
7 - Domestic Law and System Building in the ICTY
Published online by Cambridge University Press: 24 May 2019
- Comparative Reasoning in International Courts and Tribunals
- Cambridge Studies in International and Comparative Law: 145
- Comparative Reasoning in International Courts and Tribunals
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases
- Table of Treaties
- Abbreviations
- 1 Introduction
- 2 The Limits of the Vienna Convention
- 3 Domestic Law in the Jurisprudence of the International Court of Justice
- 4 The Interpretation of Schedules of Commitments in the WTO
- 5 International Investment Law and the Public Law Analogy
- 6 Consensus Doctrine in the European Court of Human Rights
- 7 Domestic Law and System Building in the ICTY
- 8 Conclusion
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law
Summary
In the late spring of 1992, the Secretary-General of the UN delivered a report to the Security Council that captured the attention of the international community. Yugoslavia – from which Croatia and Slovenia had declared independence less than a year before – had fallen into a pitched civil war fuelled by bitter ethnic tensions between Serb, Croat and Muslim communities. Nestled in the centre of the former unified state, the nascent republic of Bosnia-Herzegovina became the scene of atrocities not seen since the Second World War. The Serbs of Bosnia-Herzegovina, the Secretary-General reported, were making a ‘concerted effort … to create “ethnically pure” regions’ in the Republic,2 employing tactics that ‘were as brutal as they were effective’. Reports on the situation documented the grim scene: the killing or displacement of 2.1 million Bosnians by the summer of 1993, the systematic rape of women and girls and the operation of 715 detention centres in which rape, torture and execution was commonplace.
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- Comparative Reasoning in International Courts and Tribunals , pp. 178 - 213Publisher: Cambridge University PressPrint publication year: 2019