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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Lilya Belfer
Application of International Human Rights Law by the International Criminal Courts and Tribunals
Jurisprudence
(Bachelor’s programme)
10
2018
The goal of the present research is by analyzing the jurisprudence of the International Criminal Court, International Criminal Tribunals for the former Yugoslavia and Rwanda to find out how international criminal courts and tribunals refer to the (hereinafter – IHRL) and whether this application is justified.

The paper is comprised of the introduction, three main chapters, conclusion and list of references. In the first chapter, the theoretical and legal grounds for application of IHRL by international criminal courts and tribunals are observed. The second chapter is devoted to reference to IHRL by international criminal courts and tribunals while defining the offences. The third chapter is, in turn, dedicated to the use of the IHRL by international criminal courts and tribunals in criminal proceedings.

The conducted research has led to the following conclusions: first of all, there are five main ways of how international criminal courts and tribunals apply IHRL which indicate that international criminal courts and tribunals often do not specify even formal legal reasons why they decided to apply IHRL themselves; secondly, the application of IHRL by international criminal courts and tribunals is justified in most cases as it assists in interpretation of the International Criminal Law rules and fills gaps in them; it is not justified in cases where the IHRL rules are taken out of their context; thirdly, the IHRL rules influence the international criminal courts and tribunals’ jurisprudence by mean of modification of their legal positions through making them take into account IHRL apart from International Criminal Law, which inter alia can lead to a change of the outcome of a case, as well as by mean of broadening or narrowing their jurisprudence.

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