CEU Electronic Theses and Dissertations, 2016
Author | Silva Merico, Luisa Maria |
---|---|
Title | International Tribunals as Lawmakers: The Case of Systematic Rape as Crime Against Humanity |
Summary | In contemporary International Law, States cannot be perceived as the sole legislators. Rather, many non-State actors, such as NGOs, influence both the lawmaking and interpretation procedures. In this scenario, the role of international tribunals is remarkable. Having functions beyond setting disputes among States, international courts are capable of developing the law in such a manner that can be certainly recognized as lawmaking. This research aims to understand what are the sources that legitimates their lawmaking functions. Furthermore, to comprehend better how courts make law the case of the crime of rape as crime against humanity is analysed. More specifically, the role played by International Criminal Tribunals for the Former-Yugoslavia and Rwanda in developing International Criminal Law serves as example. |
Supervisor | Ajevski, Marjan |
Department | Legal Studies MA |
Full text | https://www.etd.ceu.edu/2016/silva-merico_luisa.pdf |
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