The Perils of Judicial Construction of Identity – A Critical Analysis of the International Criminal Tribunal for the Former Yugoslavia's Jurisprudence on Protected Persons
CONNECTING INTERNATIONAL LAW WITH PUBLIC LAW - ALLEGIANCE AND IDENTITY IN A GLOBALISED WORLD, Kim Rubenstein, ed., Cambridge University Press, 2014, pp. 497-521.
23 Pages Posted: 9 Nov 2011 Last revised: 13 Dec 2014
Date Written: December 7, 2010
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.
Keywords: international humanitarian law, international criminal law, ICTY, nationality, protected persons
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