The Milanković Case: Do Convictions Based on Rules of Customary International Law Violate Article 7 of the Convention?
In the Milanković judgment, the First Section of the European Court of Human Rights was called upon to assess whether the applicant’s criminal convictions based on the doctrine of command responsibility violated the principle of legality laid down in art. 7 of the European Convention on Human Rights. The Court answered in the negative, finding itself in line with the jurisprudence of the ad hoc cr