Judicial Creativity at the International Criminal Tribunals

Hardcover | January 2, 2011

EditorShane Darcy, Joseph Powderly

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As the International Criminal Tribunals for the Former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these unique institutions have made to the development of international criminal law. Judgments issued bythe ad hoc Tribunals have served to clarify and elucidate key concepts and principles of international criminal law. On several occasions, this practice and jurisprudence has pushed the progressive development of this dynamic and growing branch of international law. This edited collection examinesthe specific contribution made by the judges of the Yugoslavia and Rwanda Tribunals to the development of international criminal law in the areas of substantive crimes, criminal liability, defences, general principles, fair trial rights, and procedure. The essays illuminate the law on these topicswhile pointing to key areas where the Tribunals have advanced the understanding of particular concepts and principles. Several contributions address the theories of interpretation employed by the Tribunals' judges and the challenges presented by judicial creativity in international criminal trials. As the caseload grows for the International Criminal Court and the international criminal justice project continues to flourish, it is important to take stock of the achievements to date of international criminal bodies. This collection of essays provides a thoughtful analysis by judges,practitioners, and scholars of international criminal law of the profound changes in the field enacted by the judges of the International Criminal Tribunals for Rwanda and the Former Yugoslavia.

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As the International Criminal Tribunals for the Former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these unique institutions have made to the development of international criminal law. Judgments issued bythe ad hoc Tribunals have served to clarify ...

Dr. Shane Darcy is a lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway. He holds a Ph.D and LL.M in international human rights law from the National University of Ireland, Galway and has published widely in the fields of international humanitarian law, criminal law and human rights law. Joseph Powde...

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Format:HardcoverDimensions:472 pages, 9.21 × 6.14 × 0.01 inPublished:January 2, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199591466

ISBN - 13:9780199591466

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Table of Contents

Shane Darcy and Joe Powderly: IntroductionPart I - Sources of Law and Judicial Interpretation1. Joseph Powderly: Judicial Interpretation at the ad hoc Tribunals: Method from Chaos?2. Fabian Raimondo: General Principles of Law, Judicial Creativity and the Development of International Criminal LawPart II - Definition of Crimes3. William A. Schabas: Judicial Activism and the Crime of Genocide4. L.J. van den Herik: Using Custom to Reconceptualize Crimes Against Humanity5. Shane Darcy: The Reinvention of War Crimes by the International Criminal Tribunals6. Niamh Hayes: Creating a Definition of Rape in International Law: the Contribution of the International Criminal TribunalsPart III - Forms of Criminal Liability7. Robert Cryer: The ad hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake8. Mohamed Shahabuddeen: Judicial Creativity and Joint Criminal Enterprise9. Gideon Boas: Omission Liability at the International Criminal Tribunals - A Case for ReformPart IV - Defences and Fair Trial Rights10. Caroline Fournet: The Judicial Development of the Law of Defences by the International Criminal Tribunals11. Gillian Higgins: The Development of the Right to Self Representation before the International Criminal Tribunals12. Wayne Jordash and John Coughlan: The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential LegacyPart V - Procedure13. Goran Sluiter: Procedural Lawmaking at the International Criminal Tribunals14. Hakan Friman: Trying Cases at the International Criminal Tribunals in the Absence of the Accused?15. Fidelma Donlon: The Role of the Judges in the Definition and Implementation of the Completion Strategies of the International Criminal Tribunals