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AUTHOR
Maria Chiara Vitucci
I crimini contro le donne nel diritto internazionale
Rape has traditionally been considered as a by-product of the war. Before the establishment of the two ad hoc Tribunals, international humanitarian law offered little if any protection to women. The case law of the two ad hoc Tribunals defines the crime of rape in international law. The case law of the Tribunals pushes the evolution of general international law and exercises an important influence on the statute of the International Criminal Court.
The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values: a Rejoinder to Grainne de Burca, André Nollkaemper and Iris Canor
* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up…
La tutela dei diritti umani nello sport e la promozione di essi attraverso lo sport
Protecting Privacy Rights in an Online World
Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases about the Status of the Federal Republic of Yugoslavia (Serbia and Montenegro) within the United Nations
In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different construction of the question of the FRY's membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court. Because of the link between UN membership and the FRY's participation in the Genocide Convention, the Court's finding in the Legality of Use of Force cases may have some implications for two sets of proceedings s…
The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values
The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…