Problematic aspects of legitimacy tribunals ad hoc (on example of the International Criminal Tribunal for the former Yugoslavia)

Abstract

This article analyzes the activities of the International Tribunal for the Former Yugoslavia. This tribunal can not be considered solely a judicial authority. This is due to the union in one body functions of the various law enforcement: police, prosecutors and Justice. In addition, the judges of the tribunal under consideration extended competence, expressed in independent decision-making on the procedure of proof, which in turn is an important element of the Code of Criminal Procedure of the Tribunal. For these reasons, the International Criminal Tribunal for the former Yugoslavia is under constant attention from legal scholars around the world. In examining the views expressed in the literature of legal scholars on the activities of the Tribunal, it became clear that opinions were divided on sufficiently positive to absolutely negative, which is based on the argument of his illegal institutions and linking it to some states.