This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
• Provides readers with a single source, systematically organised and properly indexed, for answers to questions about the law of the three international criminal tribunals • A comprehensive monograph • An invaluable guide to the enormous volume of judicial decisions which have emerged from the work of the tribunals, whose legacy will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court
Preface; Table of cases; Table of legislative provisions; List of abbreviations; Part I. Establishment of the Tribunals: 1. Creation of the tribunals; 2. The legitimacy and legality of the tribunals; 3. Sources of law; Part II. Jurisdiction: 4. Territorial, personal and temporal jurisdiction; 5. Subject-matter jurisdiction generally; 6. Genocide; 7. Crimes against humanity; 8. War crimes; Part III. Substantive and Procedural Aspects of Prosecution: 9. General principles of law; 10. Investigation and pre-trial procedure; 11. Trial and post-trial procedure; 12. Evidence; 13. Rights of the accused; 14. Punishment; Part IV. Organisation of the Tribunals: 15. Structure and administration of the tribunals; Bibliography; Index.
ASIL prize 2007 - Winner
'With The UN International Criminal Tribunals, a 700-page tome, William Schabas has contributed another major work to the canon of international law scholarship. … this current volume is apt to become the definitive treatise on the so-called ad hoc tribunals created under the auspices of the United Nations.' The American Journal of International Law