Lara Leibman


This note argues that international law, properly informed by the Nuremberg principles, deserves consistent application by the ad hoc International Tribunal (hereinafter Yugoslav Tribunal) in "prosecute[ing] persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia [since] 1991 . .. ." At the request of the Security Council of the United Nations (hereinafter UN), the UN Secretary-General submitted a proposal to create the Yugoslav Tribunal to prosecute responsible persons in the former Yugoslavia. The Security Council approved that report and, acting under Chapter VII of the United Nations Charter, adopted the Statute of the International Tribunal annexed to that report. In so doing, the Security Council consistently imparted the Nuremberg principles regarding nullum crimen sine lege (no crime without law) and individual responsibility to the Statute of the Yugoslav Tribunal.