Abstract

http://ssrn.com/abstract=1956227
 


 



The Perils of Judicial Construction of Identity – A Critical Analysis of the International Criminal Tribunal for the Former Yugoslavia's Jurisprudence on Protected Persons


Tamás Hoffmann


Corvinus University of Budapest

December 7, 2010

ALLEGIANCE AND IDENTITY IN A GLOBALISED WORLD, Kim Rubenstein, ed., Cambridge University Press, 2013

Abstract:     
The role of nationality in the application of international humanitarian law has been a source of recurring controversy. This article attempts to critically analyse the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, which has radically expanded the traditional scope of application of Geneva Convention IV. Even though the approach of the Tribunal is commendable from the perspective of further humanization of humanitarian law, the radical departure from the original construction of the Convention might present more dangers than benefits.

Number of Pages in PDF File: 23

Keywords: international humanitarian law, international criminal law, ICTY, nationality, protected persons

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Date posted: November 9, 2011 ; Last revised: January 3, 2013

Suggested Citation

Hoffmann, Tamás, The Perils of Judicial Construction of Identity – A Critical Analysis of the International Criminal Tribunal for the Former Yugoslavia's Jurisprudence on Protected Persons (December 7, 2010). ALLEGIANCE AND IDENTITY IN A GLOBALISED WORLD, Kim Rubenstein, ed., Cambridge University Press, 2013 . Available at SSRN: http://ssrn.com/abstract=1956227

Contact Information

Tamás Hoffmann (Contact Author)
Corvinus University of Budapest ( email )
Hungary
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