Judicial Creativity at the International Criminal Tribunals

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Shane Darcy, Joseph Powderly
OUP Oxford, Dec 16, 2010 - History - 391 pages
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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 by the 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 examines the 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 topics while 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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Contents

The International Criminal Tribunals and the Judicial Development of International Criminal Law
1
I SOURCES OF LAW AND JUDICIAL INTERPRETATION
15
II DEFINITION OF CRIMES
61
III FORMS OF CRIMINAL LIABILITY
157
IV DEFENCES AND FAIR TRIAL RIGHTS
227
V PROCEDURE
313
Index
385
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About the author (2010)


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 Powderly is Researcher in International Criminal and Humanitarian Law at the T.M.C. Asser Instituut in The Hague. He is a Ph.D. candidate at the Irish Centre for Human Rights, National University of Ireland, Galway, and is a recipient of a Postgraduate Research Scholarship from the Irish Research Council for the Humanities and Social Sciences.

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