An Introduction to the Law of International Criminal Tribunals

Practice, evolution and protection of human rights through the International Court of Justice jurisprudence

“…The argument used in the sentence was that of a general principle of international law as a source of direct obligations for the State and the relative responsibility of the principle of humanity, as rights of a general nature. These are arguments that will also be reused on other judgments that have to do with human rights (Schindler, 1979;Doswald-Beck, 1985;Macdonald, 1986;Morrison, 1987;Norton Moore, 1987;Gill, 1988;Gasser, 1993;Fleck, 1995;Drumbl, 1998;Oriolo, 2002;David, 2002;Green, 2009;Alonson, 2010;Manacorda, Meloni, 2011;Schabas, 2012;Ambos, 2012;White, Henderson, 2013;Damnjanovic, 2013;Dekker, Werner, 2014;Oude Elferink, 2014;Knoops, 2014;M Kaczorowska-Ireland, 2015;Ellis, Chernor Jalloh, 2016;Carter, Muylgrew, Abels, 2016;Blaise Ngameni, 2017;A.A.V.V., 2017;Van Der Wilt, 2017;Boas, Chifllet, 2017;Buga, 2018;Nicholson, 2018;Liakopoulos, 2018) 48 . 47See the consultive opinion in case: Interpretation of Peace Treaties with Bulgaria, Hungary and Romania, first phase, of March 30, 1950: it was not uncommon for States to invoke the exception of reserved domain to escape from international obligations in the field of human rights, subtly attributing a mere soft law value to the rules that contemplated such obligations.…”

Interpretation of crime of “men rape” under international criminal justice

“…For category (ii) the court judges were convinced that by placing the victim in a position where he is unable to withstand, due to physical or mental weakness or in a surprise or misleading way, he is an element of rape crime. Similarly, in category (iii) the Tribunal took into account the absence of consensus and any circumstance where the victim does not have the possibility of reasoned refusal as another element of the crime 127 .…”