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Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction

NCJ Number
164237
Journal
Criminal Law Forum Volume: 7 Issue: 1 Dated: (1996) Pages: 51-138
Author(s)
A Cassese
Date Published
1996
Length
88 pages
Annotation
This document presents the text of the decision regarding jurisdiction of the international tribunal dealing with violations of international humanitarian law in the former Yugoslavia.
Abstract
The decision focused on the jurisdiction of the appeals chamber to hear the appeal and the jurisdiction of the international tribunal to hear the case on the merits. The analysis focuses on the individual arguments raised by the appellant. The appeals chamber decided that the international tribunal is empowered to pronounce upon the plea challenging the legality of the establishment of the international tribunal, dismissed the plea, dismissed the challenge to the primacy of the international tribunal over national courts, and decided that the international tribunal has subject-mater jurisdiction over the current case.

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