Diversity of Internationalised Criminal Courts: Fragmentation or Consolidation of International Criminal Justice?

26 Pages Posted: 11 Jul 2019

See all articles by Nedžad Smailagić

Nedžad Smailagić

University of Zagreb - School of Law

Date Written: April 30, 2019

Abstract

This paper explores whether the tendency of establishing of internationalised criminal courts further fragments or consolidates the international criminal justice system. The model of internationalised criminal courts emerged in response to limitations shown in the works of the ad hoc and classic tribunals. Such courts are hybrid in context of personnel as well as to the law they apply. The second part provides a comparative and normative-dogmatic analytical overview of the most representative internationalized courts established in the past fifteen years with the aim of assessing circumstances favouring their establishment. Specifics of each of these courts shows that the diversity of existing internationalised courts has an overarching impact over an attempt for a unified theoretical assessment due to extensive differences in relation to institutional and the applicable legal framework. Based on the foregoing, this paper builds upon the theory that diversity of such courts due to extensive differences contributed to diversification of international criminal law and suggest that it has influenced the fragmentation the already fragile international criminal justice system.

Keywords: International Criminal Law, Proliferation, Diversity, Internationalised Courts, Legal Certainty

JEL Classification: K14, K33

Suggested Citation

Smailagić, Nedžad, Diversity of Internationalised Criminal Courts: Fragmentation or Consolidation of International Criminal Justice? (April 30, 2019). Available at SSRN: https://ssrn.com/abstract=3416063

Nedžad Smailagić (Contact Author)

University of Zagreb - School of Law ( email )

Trg m. Tita 14
Zagreb, 10000
Croatia

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