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14 January 2010

Jurisprudence of the international Tribunals in the judgments of the European Court of Human Rights

I am not aware of any judgment of the European Court of Human Rights where the Court would refer to the jurisprudence of the international courts/tribunals on procedural matters. In contrast, in several cases the ECHR quoted the Tribunals’ judgments on the matters of substantive international law.
Just recently, in the case of Rantsev v. Cyprus and Russia, the Grand Chamber of the European Court of Human Rights quoted findings in the judgment of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the Kunarac et al. case in regard to the definition of enslavement.
Earlier, in its judgment in the Al-Adsani v. The United Kingdom, the Grand Chamber of the ECHR, in support of its position on the prohibition of torture under international law, quoted the ICTY Trial Chamber’s judgment in the Furundžija case. In this regard, the ECHR also referred to the ICTY Trial Chambers’ judgments in the Delalić et al. and Kunarac et al. cases.

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