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The Trusted Cause: A Reflective Legal Comment On The Development Of International Legal Procedural Law In International Criminal Tribunals

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Chapter Summary

This chapter explores cultural and religious differences that affect the interpretation of international humanitarian law (IHL) and in particular the ongoing development of the adjacent body of international criminal legal procedure applicable before international criminal tribunals. It provides some general remarks on the issue of the Order behind the law and the universality of human rights and IHL. The chapter discusses the Statutes and the Rules of Procedure and Evidence of the two UN Tribunals and the ICC. The discourse on universality of human rights is closely linked to the concept of sovereignty and the independence of domestic jurisdiction, both of which have developed through the last centuries. Advocates of universal human rights claim that at least the most basic or fundamental human rights are and must remain universal in contents as well as in interpretation and application because they are essential to any culture.

Keywords: international criminal legal procedure; international criminal tribunals; international humanitarian law (IHL)



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