Publication details
Postavení soudních rozhodnutí v systému aplikovatelného práva Mezinárodního trestního soudu
| Title in English | The Position of Judicial Decisions in the System of Law Applicable before the International Criminal Court |
|---|---|
| Authors | |
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| Citation | |
| Keywords | International Criminal Court, judicial decisions, applicable law, precedent |
| Description | Present article deals with the position of judicial decisions within the system of applicable law before the International Criminal Court. In introductory part, the focus is given to status of judicial decisions within the system of sources of public international law, and position of judicial decision in the case-law of ad hoc international criminal tribunals. The article deals with issue, whether rich decision-making practice of older ad hoc international criminal tribunals is relevant for the International Criminal Court (International Criminal Court and external judicial decisions), and issue, whether the International Criminal Court is bound by its previous rulings (International Criminal Court and internal judicial decisions). Author comes to the conclusion that the International Criminal Court approaches external and internal judicial decisions similarly as ad hoc international criminal tribunals. In spite of persisting lack of complex and authoritative assessment by the International Criminal Court's appeals chamber, these issues have been solved coincidently. Through the analyzed issues, the article observes still-growing case-law of the International Criminal Court, which is for the time being rather neglected in the Czech scholarly literature. |