Friday, June 14, 2019
Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no Research Paper
Kupreskic et al., Trial Chamber, Judgment, 14 January 2000, Case no. IT-95-16-T - Research Paper ExampleThe external Criminal Tribunal for the former Yugoslavia was created in the context of the United Nations aiming to criticize the military activities developed in the greater ara of Balkans during the 1990s. A particular finish of this Court is examined in this paper the object lesson Kupreskic et al. (no. IT-95-16-T) the justification of the Courts decision on the above case is presented and explored. The role of this decision on the ripening of customary law is also examined the involvement of humanitarian law in the establishment of customary law is criticized. One of the most important contributions of the above case seems to be its role in the expansion of customary law it is held that principles of humanitarian law can be applied even when such case is not clearly stated in the national law the customary law is expected to be used in order to develop such schemes the ap plicable initiatives can be justified by referring to the humanity or the public interest an issue that is analytically explored through the case law developed in the specific field in addition with the case under mental testing.In accordance with the Courts decision par. 531 in the case under examination a customary rule of the international law has emerged the existence of this rule is justified by referring to the requirements of humanity and the dictates of public conscience1 at this point, it would be necessary to identify the Chambers way of determining rules of customary law in the field of international humanitarian law. Of particular importance would be at this point the reference to the view of Kwakwa who mentioned that a reprisal action can be regarded as opposing the international customary law mostly because these initiatives are expected to have injurious effects on a civilian population2 in other words,
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