Friday, February 24, 2012
It turns out someone already tried to get the European Court for Human Rights to render judgment on proceedings before the Yugoslavia Tribunal. In 2009, the Court gave judgement in Blagojevic v. Netherlands, where it held that the Tribunal was not within the jurisdiction ratione personae of The Netherlands. Essentially, the argument was Al-Sadoon in reverse. Just like sometimes a state has power over a place outside its territory, it can also lack power over a place that is otherwise within its territory. Fair enough.