International Criminal Tribunals and Human Rights Law Adherence and

This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as human rights defenders. At the same time, however, they employ activities that necessary entail

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Volume 5

International Criminal Tribunals and Human Rights Law Adherence and Contextualization

Krit Zeegers

International Criminal Justice Series Volume 5

Series editors Gerhard Werle, Berlin, Germany Lovell Fernandez, Bellville, South Africa Moritz Vormbaum, Berlin, Germany

Series Information The International Criminal Justice Series aims to create a platform for publications in the whole field of international criminal justice. It, therefore, deals with issues relating, among others, to: –  the work of international criminal courts and tribunals; –  transitional justice approaches in different countries; –  international anti-corruption and anti-money laundering initiatives; –  the history of international criminal law. The series concentrates on themes pertinent to developing countries. It is peer-reviewed and seeks to publish high-quality works emanating from excellent scholars, in particular from African countries. Editorial Office Prof. Dr. Gerhard Werle Humboldt-Universität zu Berlin Faculty of Law Unter den Linden 6, 10099 Berlin, Germany [email protected] [email protected] More information about this series at http://www.springer.com/series/13470

Krit Zeegers

International Criminal Tribunals and Human Rights Law Adherence and Contextualization

13

Krit Zeegers Allen & Overy LLP Amsterdam The Netherlands

ISSN  2352-6718 ISSN  2352-6726  (electronic) International Criminal Justice Series ISBN 978-94-6265-101-2 ISBN 978-94-6265-102-9  (eBook) DOI 10.1007/978-94-6265-102-9 Library of Congress Control Number: 2015956374 Published by t.m.c. asser press, The Hague, The Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg © t.m.c. asser press and the author 2016 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper This Springer imprint is published by SpringerNature The registered company is Springer Science+Business Media B.V. Dordrecht

Acknowledgements

Numerous people have been instrumental in supporting me during the writing of this book. The academic guidance of Profs. Göran Sluiter and Yvonne Donders deserves to be mentioned first, as well as that of Sergey Vasiliev. This book would not have been finished without their support. I also want to thank all my other colleagues and friends at the criminal law and international law departments of the La