In the LEGS seminar on 14 December, Laurie Ball will present "Legality and Legitimacy in International Criminal Law: The Former Yugoslav Criminal Code's Implications for the ICTY's Jurisprudence."
The paper is available here (password required).
Here is Laurie's abstract:
This Note argues that the ICTY compromised its legitimacy by failing to incorporate the Former Yugoslav Criminal Code into its jurisprudence. It first identifies three essential principles for ensuring that law is non-arbitrary: clarity, non-retroactivity, and consistency. It then examines three controversial areas of ICTY jurisprudence – command responsibility, joint criminal enterprise, and sentencing – in light of these principles. This Note argues that a thorough examination of the Yugoslav Code could have enhanced the ICTY's legitimacy in many cases but would have challenged the ICTY's application of customary international law in the areas of sentencing and Category III Joint Criminal Enterprise.