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Open Access (free)
R. A. Melikan

examine international trials for war crimes – what are sometimes referred to as breaches of international humanitarian law – and human rights violations. The twentieth century witnessed the creation of an apparently impressive range of international tribunals with authority to consider such offences: the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, and the African Court of Human Rights. All of these, however, adjudicated state responsibility for violations of international law; they did not have

in Domestic and international trials, 1700–2000
Legality and legitimacy
Dominic McGoldrick

of Bosnia).109 Obligations on states stemming from the Statute ‘shall prevail over any legal impediment to the surrender or transfer of the accused to the Tribunal’ that may exist under national legal systems. A common national obstacle is that some constitutions or national laws prevent the extradition of nationals. This principle is in conformity with international law given the large number of states who follow the practice. In the Lockerbie Case, the International Court of Justice ruled that the obligation under Article 103 of the UN Charter that ‘In the event

in Domestic and international trials, 1700–2000
A twenty-first century trial?
Dominic McGoldrick

jurisdictional issue by seeking an opinion from the highest judicial body of the UN, the International Court of Justice, which is also located in The Hague. They also put the arguments of bias and partiality, submitting that from Milosevic’s perspective the ICTY was incapable of giving him a fair trial and faced unacceptable levels of pressure from external sources. An example of partiality was the court’s order forbidding him from giving media interviews, while the prosecution faced no such restriction.45 The amici also argued that trying Milosevic for actions as a head of

in Domestic and international trials, 1700–2000