The Legacy of Ad Hoc Tribunals in International Criminal Law: Assessing the ICTY's and the ICTR's Most Significant Legal Accomplishments

Cambridge University Press
Edition: Reprint, 2/21/2019
EAN 9781108404990, ISBN10: 1108404995

Paperback, 300 pages, 22.9 x 15.2 x 2.1 cm
Language: English

In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.

Introduction Michael P. Scharf and Milena Sterio
Part I. The Legacy of the Yugoslavia and Rwanda Tribunals
1. The Yugoslavia and Rwanda tribunals
a legacy of human rights' protection and contribution to international criminal justice Milena Sterio
2. Examining the benchmarks by which to evaluate the ICTY's legacy Jennifer Trahan
Part II. Normative and Operational Legacy of the Yugoslavia and Rwanda Tribunals
3. How the Tadic appeals chamber decision fundamentally altered customary international law Michael P. Scharf
4. A roundtable on the legacy of the Karadzic trial at the International Criminal Tribunal for the Former Yugoslavia ILW 2016 Panel
5. Atrocity speech law comes of age
the good, the bad and the ugly of the international speech crimes jurisprudence at the ad hoc tribunals Gregory S. Gordon
6. The once and future doctrine of joint criminal enterprise Michael P. Scharf
7. The tribunals' fact-finding legacy Yvonne McDermott
8. The legacy of the ICTY and ICTR on sexual and gender-based violence Valerie Oosterveld
9. The defense of duress to killing innocents
assessing the mixed legacy of the ICTY and the ICTR Jonathan Witmer-Rich
10. Sentencing policies of the ad hoc tribunals Yvonne M. Dutton
11. Mixed messages
the sentencing legacy of the ad hoc tribunals Margaret M. deGuzman
12. Combatting chaos in the courtroom
lessons from the ICTY and ICTR for the control of future war crimes trials Michael P. Scharf
Part III. Impact of the Yugoslavia and Rwanda Tribunals on the Future of International Criminal Law and Global Peace and Justice
13. The impact of the ad hoc tribunals on the International Criminal Court Stuart Ford
14. Twenty-four years on
the Yugoslavia and Rwanda tribunals' contributions to durable peace Paul R. Williams and Kimberly Larkin
Conclusion Michael P. Scharf and Milena Sterio.