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The diverging position of criminal law defences before the ICTY and the ICC: Contemporary developments

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Chapter Summary

This chapter focuses on the contrasting position of the defenses at the level of the International Criminal Court (ICC) on the one hand and their different position within the Statute and case law of the ICTY on the other hand. From the moment the ICC became operative, i.e., on 1 July 2002, various international and internationalized criminal tribunals were already functioning without having an uniform system as to the admissibility of criminal law defenses. The chapter examines the question whether this lack of cohesion conforms to fair trial principles applicable within international criminal law. In order to address the question how these legal systematic divergences can best be solved, it provides a short overview of the position of criminal law defenses within the laws of the ICC and ICTY.

Keywords: criminal law defenses; ICTY; International Criminal Court (ICC); international criminal law



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