International Criminal Law Developments in the Case Law of the ICTY


At the dawn of the International Criminal Court, the rich experience of the ad hoc International Criminal Tribunal for the former Yugoslavia (ICTY) will prove to be the primary source of legal authorities for many years. The creation of the ICTY in 1993 heralded a new-found willingness of the international community to bring to book perpetrators of war crimes and gross or systematic violations of human rights. Written by academics and practitioners, and notably many "insiders" at the ICTY, this volume focuses particularly on the international and criminal law developments that have taken place in the practice and procedure of the Tribunal. Throughout are threads concerning the development and application of international criminal law not only by the ICTY, but also by the ad hoc International Criminal Tribunal for Rwanda and the new International Criminal Court.

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Biographical Note
Gideon Boas is the Legal Officer for the historical Milošević trial before Trial Chamber III of the ICTY and a member of the Secretariat of the ICTY Rules Committee responsible for dealing with 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 global study into customary international humanitarian law. He is a legal practitioner from Australia. William A. Schabas holds the professorship in human rights law at the National University of Ireland, Galway, where he is also director of the Irish Centre for Human Rights. Recognised as an authority in the field of international criminal law ( Genocide in International Law, 2000; Introduction to the International Criminal Court, 2000), he is editor in chief of Criminal Law Forum. Professor Schabas is also a member of the Sierra Leone Truth and Reconciliation Commission.
Table of contents
Foreword by Judge Richard May, Preface, Abbreviations, Table of Cases, 1. A Code of Evidence and Procedure for International Criminal Law? The Rules of the ICTY, Gideon Boas, 2. The Defence, Michael Bohlander, 3. The Role and Status of the Victim, Pascale Chifflet, 4. Accountability for Arrests: The Relationship between the ICTY and NATO’s NAC and SFOR, Thomas Henquet, 5. An Emerging Gender Perspective on International Crimes, Michelle Jarvis, 6. Defining Human Rights in the Arena of International Humanitarian Law: Human Rights in the Jurisprudence of the ICTY, Gabrielle McIntyre, 7. Crimes of the Commander: Superior Responsibility under Article 7(3) of the ICTY Statute , Daryl A. Mundis 8. Decisions of National Courts as Sources of International Law: An Analysis of the Practice of the ICTY, André Nollkaemper, Index.
Academics and practitioners in the field of international criminal law and international humanitarian law
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