The return of customary law as a source of international criminal law

The Kosovo Special Chambers and arbitrary detention during a non-international armed conflict.

Authors

DOI:

https://doi.org/10.5944/rdpc.JULIO.2024.42265

Keywords:

Hybrid tribunal, customary law, principle of legality, arbitrary detention and non-international armed conflict.

Abstract

 The Kosovo Special Chambers have recovered customary law as a source of criminal law, moving away from the strict principle of legality that prevails in the International Criminal Court. This has meant that these Chambers have become as a new legislator of international criminal law, recognizing a new international crime hitherto unknown, the war crime of arbitrary detention in a non-international armed conflict. The configu­ration of this new crime by the Chambers is based on human rights stan­dards, making it difficult to understand it as a war crime.

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Published

2024-12-20

How to Cite

Martínez Alcañiz, A. (2024). The return of customary law as a source of international criminal law: The Kosovo Special Chambers and arbitrary detention during a non-international armed conflict. Revista de Derecho Penal y Criminología, 32(JULIO). https://doi.org/10.5944/rdpc.JULIO.2024.42265

Issue

Section

Derecho Penal

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