A narrow concept of jurisdiction may, perhaps, be warranted in a national context but not in international law. UNLAWFUL ESTABLISHMENT OF THE INTERNATIONAL TRIBUNAL A. HEREBY DENIES the relief sought by the Defence in its Motion on the Jurisdiction of the Tribunal.”. “THE TRIAL CHAMBER HEREBY DISMISSES the motion insofar as it relates to primacy jurisdiction and subject-matter jurisdiction under Articles 2, 3 and 5 and otherwise decides it to be incompetent insofar as it challenges the establishment of the International Tribunal The judgement under appeal denied the relief sought by Appellant in its essential provisions, it reads as follows: wrongful primacy of the International Tribunal over national courts Ĭ. illegal foundation of the International Tribunal ī.
Before the Trial Chamber, Appellant had launched a three-pronged attack:Ī. By that judgement, Appellant’s motion challenging the jurisdiction of the International Tribunal was denied.Ģ. The Appeals Chamber is seized of an appeal lodged by Appellant the Defence against a judgement rendered by the Trial Chamber II on 10 August 1995.
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