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In the Matter of Tadic (Application for a Formal Request for Deferral)
Published online by Cambridge University Press: 01 January 2021
Abstract
International tribunals — International criminal tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Primacy over national courts — Procedure for requesting State to defer to the competence of the International Tribunal — Defendant charged in the Federal Republic of Germany — Application by Prosecutor to International Tribunal to request German courts to defer to International Tribunal — Potential conflict with German law
Relationship of international law and municipal law — Supremacy of international law — Principle that a State may not rely upon its municipal law as a reason for not complying with international obligations — Obligations derived from resolution of United Nations Security Council — Duty of States to co-operate with the International Criminal Tribunal for the Former Yugoslavia
International organizations — United Nations — Security Council — Resolutions of Security Council adopted under Chapter VII of the Charter — Binding quality — Whether prevailing over provisions of municipal law — Resolution 827 (1993) — Establishment of International Tribunal for the Former Yugoslavia
War and armed conflict — War crimes — Crimes against humanity — Genocide — Offences allegedly committed during conflict in Bosnia-Herzegovina — Jurisdiction of the International Criminal Tribunal for the Former Yugoslavia
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- © Cambridge University Press 1995