Theo nhiều bộ luật hình sự ở các nước, chính quyền (nhà nước) thực thi luật hình sự bằng cách đề ra những đe dọa hình sự. Hình thức và mức độ đe dọa khác nhau tùy theo văn hóa, lịch sử tư pháp và tôn giáo của mỗi nước. | 132 JAMES CRAWFORD the Appeals Chamber. The Chamber was authorised to apply international law and the ICTY as an international court could have refused to act except as permitted by international law. Furthermore it is easy to see that the International Covenant does not equate the specific due process standards with the requirement that a criminal court be established by law. Those standards are separately expressed in the Covenant and in the European Convention . Under the Covenant everyone is entitled in the first place - over and above specific issues of due process and the right to defend oneself - to a competent independent and impartial tribunal established by law . A body whose existence was precarious or whose judges were selected arbitrarily might not meet this standard even if the accused had a full right of legal representation and was not compelled to confess guilt. To be fair the Appeals Chamber went on to give reasons why it could be considered to be established by law even in the context of a Security Council resolution . an executive The Security Council did have power to establish the Tribunal in terms of the United Nations Charter. The Tribunal s mandate had been affirmed and substantial resources for its work 25 Prosecutor v. Tadic Jurisdiction Appeals Chamber 2 October 1995 105 ILR 453 at 465-71 and 474. The drafting of the Rome Statute 133 provided by the General Assembly support for the Tribunal was if not quite universal widespread. The Tribunal was not established only on a temporary basis but had a long-term mandate in terms of charges of war crimes in Yugoslavia. Moreover the support for it was manifested by national legislation in many countries providing for co-operation and supporting the process of the Court with ancillary national of this gave it the combined legitimacy which was associated with the rule of law even if it had its origin in a collective executive resolution of an emergency character. .
