1.

Record Nr.

UNINA9910455321003321

Autore

Raimondo Fabián

Titolo

General principles of law in the decisions of international criminal courts and tribunals [[electronic resource] /] / by Fabián O. Raimondo

Pubbl/distr/stampa

Leiden ; ; Boston, : M. Nijhoff Pub., 2008

ISBN

1-282-39994-2

9786612399947

90-474-3167-7

Descrizione fisica

1 online resource (236 p.)

Collana

Nijhoff eBook titles 2008

Classificazione

86.46

Disciplina

345/.01

Soggetti

International criminal courts

Criminal procedure (International law)

International crimes

Rule of law

Electronic books.

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Description based upon print version of record.

Nota di bibliografia

Includes bibliographical references (p. [197]-208) and index.

Nota di contenuto

Preliminary Material -- Chapter One. Introduction -- Chapter Two. General Principles of Law: a Source of International Law -- Chapter Three. General Principles of Law in the Decisions of International Criminal Courts and Tribunals -- Chapter Four. Analysis of Practice and of Relevant Scholarly Writing -- Chapter Five. Conclusions -- Bibliography -- Index.

Sommario/riassunto

International lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This volume examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it analyses their alleged ‘subsidiary’ nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles



of law have played a significant role in the decisions of international criminal courts and tribunals, not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.