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The Legacy of Ad Hoc Tribunals in International Criminal Law

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

AUD$145.95 inc GST

Michael P. Scharf, Milena Sterio, Jennifer Trahan, ILW 2016 Panel, Gregory S. Gordon, Yvonne McDermott, Valerie Oosterveld, Jonathan Witmer-Rich, Yvonne M. Dutton, Margaret M. deGuzman, Stuart Ford, Paul R. Williams, Kimberly Larkin
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  • Publication planned for: June 2019
  • availability: Not yet published - available from June 2019
  • format: Hardback
  • isbn: 9781108417389

AUD$ 145.95 inc GST
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  • 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.

    • Provides an overview of the Yugoslavia and Rwanda tribunals' most significant legal accomplishments
    • Assesses the tribunals' overall legacy and lasting impact in the field of international criminal law
    • Serves as a guide to the International Criminal Court and to future ad hoc tribunals
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    Reviews & endorsements

    Advance praise: 'This book is fascinating and rich in insight. The ad hoc tribunals came about at a rare moment of East-West accord. They gave a voice to war crimes victims and put the criminals in the dock. They also produced a historical record, opened the way to the International Criminal Court and even advanced peace in the Balkans. But that political moment may have passed, and in Syria today, as the authors point out, there's no accountability and little hope of international justice.' Roy Gutman, Pulitzer-Prize winning journalist

    Advance praise: 'This excellent book will be of significant interest to jurists, practitioners and scholars studying the contributions of the ad hoc tribunals, as well as to those interested in international criminal law in general.' Christina Van Den Wyngaert, Judge of the International Criminal Court (2009–18)

    Advance praise: 'The Yugoslavia and the Rwanda tribunals ignited the rapid development of international criminal law over the past two decades. This book provides an outstanding account of how these institutions have established a lasting legacy by shaping this growing field of law.' Stephen Rapp, former US Ambassador-at-large for War Crimes Issues

    Advance praise: 'At a time when multilateral institutions are under attack, as is multilateralism itself, this book provides a timely reminder of what two of its products, the ICTY and ICTR, managed to accomplish despite the odds.' Jose Alvarez, Herbert and Rose Rubin Professor of International Law, New York University

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    Product details

    • Publication planned for: June 2019
    • format: Hardback
    • isbn: 9781108417389
    • dimensions: 228 x 152 mm
    • availability: Not yet published - available from June 2019
  • Table of Contents

    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.

  • Editors

    Milena Sterio, Cleveland-Marshall College of Law
    Milena Sterio is Associate Dean and Professor of Law at the Cleveland-Marshall College of Law. She has published numerous law review articles in this field, and is the author of four books including Prosecuting Maritime Piracy (Cambridge, 2015).

    Michael Scharf, Case Western Reserve University, Ohio
    Michael P. Scharf is Dean of the Law School and the Joseph C. Hostetler – Baker and Hostetler Professor of Law at Case Western Reserve University School of Law. Scharf, who previously served as Attorney Advisor for UN Affairs at the US Department of State, is the author of over 100 scholarly articles and seventeen books, three of which have garnered national book of the year honors.

    Contributors

    Michael P. Scharf, Milena Sterio, Jennifer Trahan, ILW 2016 Panel, Gregory S. Gordon, Yvonne McDermott, Valerie Oosterveld, Jonathan Witmer-Rich, Yvonne M. Dutton, Margaret M. deGuzman, Stuart Ford, Paul R. Williams, Kimberly Larkin

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