Is the Yugoslav tribunal guilty of hyper-humanising international humanitarian law ?
The legitimacy of international criminal tribunals
Cambridge : Cambridge University Press, 2017
The International Criminal Tribunal for the Former Yugoslavia (ICTY) has found itself under criticism for upsetting the balance between military necessity and humanitarian considerations, and for rendering key IHL rules ambiguous. The Gotovina Trial and Appeal Judgements brought these accusations to a climax. ICTY jurisprudence can influence the process of IHL debate, interpretation, and formation. Is the tribunal guilty of steering IHL away from the legitimate considerations of belligerent conduct? This chapter asserts that the evidence is inconsistent with such a claim.