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  • Operationalisation of legislation and the will of legislators in the judgments of international courts of war crimes and post-war recovery [Elektronski vir]
    Potočnik, Gregor, 1976-
    If the substantive truth, the actual situation in a war and post-war recoverybased on the consequences of the war, is seemingly easy to determine inlaw, the judgments of international courts deciding ... on cases which occurredduring the war do not attest to this. Substantive law is important, butprocedural law is perhaps more significant with regard to rulings on war andpost-war recovery. Only the highest degree of certainty is sufficient for afinaland enforceable judgment. One of the key conditions for reaching afinal andenforceable judgment is the consideration of the substantive and proceduralconditions of proof, which is not possible without legal, relevant andlegitimate evidence. This article argues that it should not be forgotten that incases of legal proceedings against a certain military commander, the countrywhose armed forces they commanded is also always involved. If a member ofa certain armed forces is legally convicted or acquitted, the country onwhose behalf they acted as a military person in a military unit of that countryis also legally convicted or acquitted. So, in international judicial proceedings,the implementation of procedural legislation and the will of legislators in warand post-war recovery has a different meaning from‘ordinary’criminality.War, as an extreme form of human violence which results in the biggest andmost tragic events experienced by a country and its population, requires specialforms of proving the consequences of war actions. The InternationalHumanitarian Fact-Finding Commission should perhaps play a much greaterrole in this than it currently does.
    Source: The theory and practice of legislation. - ISSN 2050-8859 (Vol. 11, issue 3, 2023, str. 184-206)
    Type of material - e-article
    Publish date - 2023
    Language - english
    COBISS.SI-ID - 163387907

    Link(s):

    https://www.tandfonline.com/doi/full/10.1080/20508840.2023.2248834
    DOI

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