Judicial creativity at the international criminaltribunals

As the work of the International Criminal Tribunals for the Former Yogoslaviaand Rwanda draws to a close, this edited collection appraises their impact. It particularly focuses on the position of judges as lawmakers within these tribunals, shedding light on the profound changes in international criminal law which these judges have instigated. INDICE: Shane Darcy and Joe Powderly: Introduction; Part I - Sources ofLaw and Judicial Interpretation; 1: Joseph Powderly: Judicial Interpretation at the ad hoc Tribunals: Method from Chaos?; 2: Fabián Raimondo: General Principles of Law, Judicial Creativity and the Development of International Criminal Law; Part II - Definition of Crimes; 3: William A. Schabas: Judicial Activism and the Crime of Genocide; 4: L.J. van den Herik: Using Custom to Reconceptualize Crimes Against Humanity; 5: Shane Darcy: The Reinvention of War Crimes by the International Criminal Tribunals; 6: Niamh Hayes: Creating a Definition of Rape in International Law: the Contribution of the International Criminal Tribunals; Part III - Forms of Criminal Liability; 7: Robert Cryer: The ad hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake; 8: Mohamed Shahabuddeen: Judicial Creativity and Joint Criminal Enterprise; 9: Gideon Boas: Omission Liability at the International Criminal Tribunals - A Case for Reform; Part IV - Defences and Fair Trial Rights; 10: Caroline Fournet: The Judicial Development of the Law of Defences by the International Criminal Tribunals; 11: Gillian Higgins: The Development of the Right to Self Representation before the International Criminal Tribunals; 12: Wayne Jordash & John Coughlan:The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy; Part V - Procedure; 13: Göran Sluiter: Procedural Lawmaking at the International Criminal Tribunals; 14: Hakan Friman: Trying Cases at the International Criminal Tribunals in the Absence of the Accused?; 15: Fidelma Donlon: The Role of the Judges in the Definition and Implementation of the Completion Strategies of the International Criminal Tribunals

• ISBN: 978-0-19-959146-6
• Editorial: Oxford University
• Encuadernacion: Cartoné
• Páginas: 432
• Fecha Publicación: 16/12/2010
• Nº Volúmenes: 1
• Idioma: Inglés