The Dynamics of International Criminal Justice

Essays in Honour of Sir Richard May

Series:

Editors: Hirad Abtahi and Gideon Boas
This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milošević Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.
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Biographical Note

Hirad Abtahi is the first Legal Adviser to the Presidency of the ICC, where he also acted as Deputy Chef de Cabinet in the Immediate Office of the President. Prior to joining the ICC, he worked at the ICTY where he was extensively involved in the Milošević Trial, as the Associate Legal Officer to Trial Chamber III. Hirad Abtahi was also a legal consultant with the Geneva based International Commission of Jurists, on behalf of which he advised the ICTY Registry on issues such as the relocation of victims and witnesses, the conditions of detention of accused persons and the enforcement of sentences in third countries. He has lectured and published articles in English, French, and Persian on human rights, humanitarian law, and international criminal law. He is a member of the Société française pour le droit international and is on the Editorial Board of the International Criminal Law Review. He has a Diplôme d’études approfondies in international law and has been educated in Iran, France, Canada and England.
Gideon Boas is the Legal Officer for the Miloševic trial before Trial Chamber III of the ICTY and Acting Senior Legal Officer of that Chamber. He has worked on trials and appeals at the ICTY in Chambers for seven years. For five years he was a member of the Secretariat of the ICTY Rules Committee, responsible for proposals for the amendment and creation of the ICTY Rules of Procedure and Evidence. He has worked in the area of international humanitarian law for the Red Cross, including participating in the ICRC customary international humanitarian law study. He has an LLM in international criminal law and is completing a Ph.D. thesis on legal problems faced in trying former heads of State. He has published a number of articles on international criminal law; is senior editor (ICTY/Hague International Tribunals) of the Leiden Journal of International Law, and is co-editor with William Schabas of International Criminal Law Developments in the Case Law of the ICTY. He is a legal practitioner from Australia.

Table of contents

Foreword Theodor Meron;
Preface Hirad Abtahi and Gideon Boas;
Abbreviations; I. History:
1. Reflections on the Ambiguous Universality of Human Rights: Cyrus the Great’s Proclamation as a Challenge to the Athenian Democracy’s Perceived Monopoly on Human Rights Hirad Abtahi;
II. Proceedings:
2. The Right to Self-Representation in International and Domestic Criminal Law – Limitations and Qualifications on that Right Gideon Boas;
3. The Protection of States’ National Security Interests in Cases before the International Criminal Tribunal for the Former Yugoslavia: A Descriptive and Prescriptive Analysis of Rule 54bis of the Rules and Procedure and Evidence Grant Dawson and Mieke Dixon;
4. Procedural Innovations in War Crimes Trials Geoffrey Nice and Philippe Vallières-Roland;
5. Fair but Expeditious Trials Patrick L. Robinson;
6. The Protection of, and Assistance to, Witnesses at the International Criminal Tribunal for the former Yugoslavia (ICTY) David Tolbert and Frederick Swinnen;
III.Subject matter;
7. Self-Defence in International Criminal Law Timothy L. H. McCormack;
8. Striving for Definition: The Law of Persecution from its Origins to the ICTY Ken Roberts; Sir Richard May: A Personal Reflection Yvonne Featherstone;
Index.

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