ABSTRACT
The article studies the question whether and to what extent international criminal tribunals are influenced by common law or civil law criminal procedure, and more importantly, common or civil law legal authority. It is written in two parts, of which the first one, written from a civil law point of view, critically examines the use of domestic sources at the International Criminal Tribunal for the Former Yugoslavia (ICTY), while the second replies to some of these concerns from the context of the more influential procedural tradition, i.e. the common law. The result is a brief debate about the foundations of legal-cultural influences over international criminal justice, and in particular the manner in which legal authority is selectively used in the creation of an international criminal jurisprudence by the ICTY.
