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- Title
STL Still Struggles with the Method for Interpreting its Statute: The Ayyash et al. Trial Judgment Departs from the Tribunal's 'Tadić' on the Identification of the Applicable Law.
- Authors
Gianfrancesco, Laura Di
- Abstract
This article investigates the Special Tribunal for Lebanon (STL) Trial Chamber's Ayyash et al. judgment of 2020, focusing on the STL's novel, domestic-centred solution to the interpretive problems raised by Articles 2 and 3 of its Statute concerning the applicable law. The analysis demonstrates that the Trial Chamber significantly departed from the STL Appeals Chamber's Interlocutory Decision of 2011. Such divergence derived from a more complete application of the interpretive framework already endorsed in 2011 based on the Vienna Convention on the Law of Treaties (1969) (VCLT). The article shows that, by more comprehensively engaging with the VCLT interpretive method, the Trial Chamber was eventually able to adopt a fair trial-oriented approach to the identification of the applicable law, which led it to exclude the relevance of international criminal law rules. The Ayyash et al. Trial Judgment contributes, in turn, to the broader discussion concerning the ability of the VCLT method to accommodate the interpretive challenges of statutes of criminal tribunals created by virtue of a UN Security Council resolution.
- Subjects
UNITED Nations. Security Council; INTERLOCUTORY appeals; INTERNATIONAL criminal courts; APPLICABLE laws; JUDGMENT (Logic); PROSECUTION
- Publication
Journal of International Criminal Justice, 2021, Vol 19, Issue 5, p1221
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqab072