O Tribunal para a antiga Iugoslávia na formação da norma da responsabilidade individual por graves violações de direitos humanos: tensões entre direitos humanos e princípios penais liberais
This article it was aimed to analyze how the International Criminal Court for the former Yugoslavia (ICTY) concurred to consecrate a conception of global justice that takes international criminal law as coextensive with human rights. It departs from a study of the political scientist Kathryn Sikkink...
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| Format: | Article |
| Language: | Portuguese |
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2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277455 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 17, Nº. 3, 2016 (Ejemplar dedicado a: Espaço Jurídico: Journal of Law [EJJL] | Quadrimestral), pags. 779-796 |
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| Summary: |
This article it was aimed to analyze how the International Criminal Court for the former Yugoslavia (ICTY) concurred to consecrate a conception of global justice that takes international criminal law as coextensive with human rights. It departs from a study of the political scientist Kathryn Sikkink on the formation of the criminal individual responsibility norm for serious human rights violations to explore the tensions between criminal law principles and human rights norms in that which has been the first international criminal tribunal since Nuremberg. For this, I analyze the first ICTY decisions, most precisely, those taken from 1995 to 2000 focusing on the formulations about crimes against humanity and legality by the Trial and Appeal Chambers judges. |
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