Books: 'International Criminal Tribunals for Former Yugoslavia and Rwanda'

1

John R. W. D. Jones. The practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. 2nd ed. Ardsley, NY: Transnational Publishers, 2000.

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The practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Irvington-on-Hudson, NY: Transnational, 1998.

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3

Ackerman, John. Practice and procedure of the International Criminal Tribunal for the Former Yugoslavia: With selected materials from the International Criminal Tribunal for Rwanda. The Hague: Kluwer Law International, 2000.

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4

Implementing international humanitarian law: From the ad hoc tribunals to a permanent International Criminal Court. London: F. Cass, 2004.

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5

Developments in customary international law: Theory and the practice of the International Court of Justice and the international ad hoc criminal tribunals for Rwanda and Yugoslavia. Boston: Martinus Nijhoff Publishers, 2010.

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John R. W. D. Jones. International criminal practice: The International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, the East Timor Special Panel for Serious Crimes, war crimes prosecutions in Kosovo. 3rd ed. Ardsley, NY: Transnational, 2003.

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7

John R. W. D. Jones. International criminal practice: The International Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, the East Timor Special Panel for Serious Crimes, war crimes prosecutions in Kosovo. Ardsley, NY: Transnational Publishers, 2003.

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8

Schiff, Benjamin N. Building the international criminal court. Cambridge: Cambridge University Press, 2008.

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9

The limits of the law: Sentencing perpetrators of atrocious crime. Nijmegen, The Netherlands: Wolf Legal Publishers, 2011.

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10

Lindemann, Lena. Referral of cases from international to national criminal jurisdictions: Transferring cases from the ICTY and the ICTR to national jurisdictions. Baden-Baden: Nomos, 2013.

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Ackerman, John. Praksa i procedura Međunarodnog krivičnog tribunala za bivšu Jugoslaviju: Sa odabranim materijalima Međunarodnog krivičnog tribunala za Ruandu. Sarajevo: Müller, 2002.

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12

Stroh, Dagmar Patricia. Die Nationale Zusammenarbeit mit den Internationalen Straftribunalen für das ehemalige Jugoslawien und für Ruanda. Berlin: Springer, 2002.

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13

Arnold, Pascal. Der UNO-Sicherheitsrat und die strafrechtliche Verfolgung von Individuen: Die ad hoc Tribunale zur Verfolgung von Kriegsverbrechen im ehemaligen Jugoslawien und in Ruanda sowie das Statut des Internationalen Strafgerichtshofs. Fribourg, Suisse: Institut du Fédéralisme Fribourg Suisse, 1999.

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Relations, United States Congress House Committee on International. Markup on a resolution urging the government of Ukraine to ensure a democratic, transparent, and fair election process leading up to the upcoming parliamentary elections ...: Markup and hearing before the Committee on International Relations, House of Representatives, One Hundred Seventh Congress, second session, markup of H. Res. 339, February 28, 2002. Washington: U.S. G.P.O., 2002.

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15

Goldstone, Richard. For humanity: Reflections of a war crimes investigator. New Haven: Yale University Press, 2000.

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16

Goldstone, Richard. For Humanity. New Haven: Yale University Press, 2008.

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17

Yambrusic, Edward Slavko. Peace at the price of justice and human dignity: Reflections on the Hague Tribunals and "judicialization" of international conflicts. Zagreb, Croatia: Hrvoje Hitrec, 2010.

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18

Schabas, William A. The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone. Cambridge University Press, 2006.

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19

The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone. Cambridge University Press, 2006.

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20

Levi, Ron, John Hagan, and Sara Dezalay. International Criminal Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198795582.003.0015.

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This chapter focuses on international criminal tribunals. These have emerged as part of a professional field of international criminal law, reshaping how atrocities are handled at the international level. They include the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Court (ICC). In many international courts, authority turns on judicial decisions. Yet in the context of international criminal courts, prosecutorial strategy is often at the core of the building or waning of authority. This is partly because of the power of prosecutors to make headlines and cause political controversy with indictments, and of the highly contentious and atypical political environments in which these courts operate. In building their authority, prosecutors are acutely aware of the constraints on the authority they enjoy and thus seek to speak to the constituencies they need—while avoiding others—through their prosecutorial practices.

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21

Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 4 Adjudication Within the United Nations System, 31 Criminal Tribunals Established by, or in Relationship with, the UN. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0031.

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This chapter covers criminal tribunals established by, or in relationship with, the United Nations (UN). It includes the International Criminal Tribunal for the Former Yugoslavia; the International Criminal Tribunal for Rwanda; the International Criminal Court; The Special Court for Sierra Leone; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Kosovo Regulation 64 Panels; the East Timor Special Panels for Serious Crimes; and the Bosnia and Herzegovina War Crimes Chamber. The chapter discusses the establishment and jurisdiction of each court or tribunal; its composition; its relationship with other bodies; resources and completion mechanisms; residual issue; and legacy.

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22

Rodenhäuser, Tilman. The Historical Development of Crimes against Humanity and Jurisprudence of the Rwanda, Former Yugoslavia, and Sierra Leone Tribunals. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821946.003.0011.

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Chapter 8 analyses post-World War II jurisprudence, national jurisprudence, the International Law Commission’s work, and International Criminal Tribunal for Rwanda (ICTR), International Criminal Court for the former Yugoslavia (ICTY), and the Special Court for Sierra Leone (SCSL) jurisprudence regarding what types of non-state entities might be involved in crimes against humanity. It argues that while the Nuremberg Charter and post-World War II jurisprudence, including national jurisprudence, were focused on state crimes, state involvement has rarely been considered a legal element of crimes against humanity. This is also evident in the International Law Commission’s work. This chapter analyses how the three abovementioned international(ized) tribunals addressed the question of non-state entity involvement in crimes against humanity and argues that the ICTY and the SCSL did not limit entities behind crimes against humanity to abstract ‘state-like entities’, but primarily considered whether the group in question had the capacity to commit the crimes.

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23

Elizabeth, Wilmshurst. Book V International Disputes and Courts, 26 Prosecutions: The International Criminal Court and other Tribunals. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0026.

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This chapter concerns the International Criminal Court (ICC) and the ad hoc Tribunals for the former Yugoslavia and for Rwanda, as well as other courts with international elements. It begins with a discussion of the ICC, and then addresses more briefly the residual mechanism set up to deal with the remaining work of the two ad hoc Tribunals and finally, even more briefly, other courts with international elements. The ICC in particular was borne out of the success of the ad hoc Tribunals, although other courts with international elements have since been created. All these courts and tribunals share the characteristic that they have jurisdiction over individuals, not States, and their purpose is to investigate and prosecute for various international crimes. Of these courts and tribunals, the ICC is the only one with a substantial continuing caseload and is the only permanent international criminal court.

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24

Bachmann, Klaus, and Aleksandar Fatić. un International Criminal Tribunals: Transition Without Justice? Taylor & Francis Group, 2017.

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25

Un International Criminal Tribunals: Transition Without Justice? Taylor & Francis Group, 2015.

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26

Smith, Adam M. International Organizations and Criminal Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190846626.013.236.

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One of the primary goals of the United Nations (UN) is to provide justice. The vast majority of mentions of “justice” in the UN Charter relate to the creation of the International Court of Justice (ICJ), one of the UN’s five principal organs. However, this body is not empowered to take cases on behalf of aggrieved individuals or even to prosecute individual malefactors. Rather, it is “justice” for states that is its goal. Meanwhile, the treaties signed at the 1948 Peace of Westphalia radically delimited the arena of international affairs. Most importantly, Westphalia held as paramount the noninterference by other states in the internal affairs of other members of the international community. Rejecting the logic of Westphalia, the notions of “humanitarian intervention” and the “responsibility to protect” refer to the legal right and/or obligation for a state to interfere in another state for purposes of humanitarian protection. Consequently, the UN established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in order to address the carnage ongoing in the Balkans, as well as the International Criminal Tribunal for Rwanda (ICTR), which targeted that country’s 1994 Hutu–Tutsi violence. Meanwhile, the International Criminal Court (ICC), a non-UN institution, is the first permanent international tribunal devoted to justice in the wake of mass crimes. Each of these post-Cold War international tribunals have been concerned with the enforcement of International Humanitarian Law (IHL). Ultimately, however, the international community continues to hold fast to central elements of Westphalian protections.

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Darcy, Shane. The Principle of Legality at the Crossroads of Human Rights and International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0012.

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This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights law. It demonstrates that a broadly liberal interpretation of nullum crimen has facilitated judicial creativity and the development of international criminal law by international courts and tribunals. The chapter begins with a general discussion of the principle of legality under international law, before turning to a consideration of the treatment of the principle at Nuremberg and the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The final section of the chapter turns to the European Court of Human Rights and examines how it has addressed the rule of non-retroactivity in the context of national prosecutions of international crimes, in particular in Kononov v. Latvia.

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Schabas, William A. The Power of the Beaten Path. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198833857.003.0001.

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The introductory chapter explains contemporary interest in legal developments a century ago. Discussions and decisions at the Paris Peace Conference in 1919 were the beginning of debates that continue to this day. The chapter looks in some detail at the criminality of starting a war, today known as the crime of aggression, the immunity that can be invoked by a Head of State like the Kaiser, and problems of attributing criminal responsibility to those who are not physically involved in the crime. It also addresses the creation of international criminal tribunals, which began with the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda.

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29

Gaeta, Paola. War Crimes and Other International ‘Core’ Crimes. Edited by Andrew Clapham and Paola Gaeta. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199559695.003.0029.

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Under the orthodox approach, war crimes were considered crimes under international law only as a means to enforce international rules of warfare at the national level. This basic principle of international law was challenged and eventually discarded following the trials of war criminals before the Nuremberg Tribunal and the Tokyo Tribunal. However, the revolutionary precedent established by the Nuremberg and Tokyo trials did not develop into a fully-fledged body of international criminal rules, known as ‘international criminal law’, until the end of the Cold War, when the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda were set up by the United Nations Security Council. This chapter focuses on the criminalization of war crimes under international law and compares it with the parallel criminalization of crimes against humanity and genocide.

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30

Jennifer, Trahan, Mall Adela, Human Rights Watch (Organization), International Tribunal for Rwanda, and International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991., eds. Genocide, war crimes, and crimes against humanity: Topical digests of the case law of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia. New York: Human Rights Watch, 2004.

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31

Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0006.

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No one seriously disputes that the individual is a subject of international criminal law. But it is much less certain whether international crimes a priori entail individual responsibility, which would be in line with the ‘individualistic’ conception of international legal personality, or whether the responsibility arises a posteriori consistent with the Kelsenian approach. Following a brief account of some historical antecedents, Chapter6 provides a detailed examination of the pivotal post-Second World War trials and the subsequent development of individual responsibility for international crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). Moreover, the chapter shows that the common practice of categorizing criminal courts as either international, internationalized, or domestic according to the ‘involvement of the international community’ ultimately rests on the orthodox ‘States-only’ conception of international legal personality.

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32

Building the International Criminal Court. Cambridge University Press, 2008.

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33

Building the International Criminal Court. Cambridge University Press, 2008.

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34

Lambertz, Peter, Klaus Bachmann, and Thomas Sparrow-Botero. When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals. Lang Publishing, Incorporated, Peter, 2013.

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35

Lambertz, Peter, Klaus Bachmann, and Thomas Sparrow-Botero. When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2013.

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36

Lambertz, Peter, Klaus Bachmann, and Thomas Sparrow-Botero. When Justice Meets Politics: Independence and Autonomy of Ad Hoc International Criminal Tribunals. Lang GmbH, Internationaler Verlag der Wissenschaften, Peter, 2013.

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37

Nieto-Navia, Rafael. Introductory Note. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.003.0023.

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When the UN Security Council (UNSC) created the International Tribunals for the former Yugoslavia (ICTY) in 1993, and Rwanda (ICTR) in 1994, it had in mind that the Tribunals were ad hoc and should have a brief life, enough only to bring to justice those responsible for serious violations of international humanitarian law in those countries. In 2010, as a part of the Completion Strategy, the UNSC established the Mechanism for International Criminal Tribunals as a new ad hoc body, with the purpose of making sure that the Tribunals conclude their missions timely and successfully. The ICTR was officially closed on 31 December 2015. The ICTY will finish its work at the end of 2017. In this article is the analysis of the cases decided by the ICTY in 2015, providing the relevant facts of each case, the reasoning and the decision issued.

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38

Ziccardi Capaldo, Giuliana, ed. The Global Community Yearbook of International Law and Jurisprudence 2017. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190923846.001.0001.

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The 2017 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of both UN-based tribunals and regional courts. The 2017 edition continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists. It also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the erosion of the postwar liberal global order by national populism and the accompanying disorder in global politics, a bifurcated global nuclear order due to the Nuclear Non-proliferation Treaty and the Nuclear Weapons Prohibition Treaty, and the expansion of the principle of no-impunity and its application to serious violations of social and economic rights. New to the 2017 edition, the author of the article in Recent Lines of Internationalist Thought will now talk about their own work as a Scholar/Judge. In addition, this edition memorializes the late M. Cherif Bassiouni. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization.

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39

Ziccardi Capaldo, Giuliana, ed. THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190848194.001.0001.

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The 2016 edition updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook has established itself as an authoritative resource for research and guidance on the jurisprudence of UN-based tribunals and regional courts. The 2016 edition continues to provide expert coverage of the EU Court of Justice and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the Tribunals for the Former Yugoslavia and Rwanda, to economically based tribunals such as ICSID and the WTO Dispute Resolution panel, to human rights courts such as ECtHR and IACtHR. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists, such as the Editorial focusing on a new remedy for the violation of the jus cogens principle concerning the imprescriptibility of torture. This edition also includes expert introductory essays by prominent scholars in the realm of international law, on topics as diverse and current as the role of the WTO’s Appellate Body in interpreting the TRIPS Agreement and an examination of the EU Court of Justice data protection framework in light of the EU Charter of Fundamental Rights. Researchers will find detailed guidance on a rich diversity of legal topics, from an examination of the processes under which transnational criminal law norms have been adopted and the process under which these norms have been globally implemented, to the impact post-conviction DNA testing has had on the criminal justice system in the United States. This edition also provides students, scholars, and practitioners a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization.

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40

Review of the Sexual Violence Elements of the Judgements of the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, and the Special Court for Sierra Leone in the Light of Security Council Resolution 1820. United Nations, 2010. http://dx.doi.org/10.18356/882d39fd-en.

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41

Los Tribunales Penales Internacionales Ad Hoc Para La Ex Yugoslavia y Ruanda: Organizacion, Proceso y Prueba: Incluye Traduccion Al Espa~nol de Las Re. Not Avail, 2003.

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42

International and national prosecution of crimes under international law: Current developments. Berlin: Berlin Verlag, 2001.

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43

The United Nations and the international tribunals for the Former Yugoslavia and Rwanda. New York: Dept. of Public INformation, United Nations, 1996.

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44

(Editor), Andre Klip, and Goran Sluiter (Editor), eds. Annotated Leading Cases of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia 2001. Intersentia Uitgevers N V, 2004.

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45

(Editor), Andre Klip, and Goran Sluiter (Editor), eds. Annotated Leading Cases of International Criminal Tribunals: The International Criminal Tribunal for the Former Yugoslavia 2001-2002. Intersentia Uitgevers N V, 2005.

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46

War and War Crimes: Military, Legitimacy, and Success in Armed Conflict. Columbia University Press, 2013.

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47

Gow, James. War and War Crimes: The Military, Legitimacy and Success in Armed Conflict. Oxford University Press, 2013.

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48

Britain, Great. The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Amendment) Order 1998 (Statutory Instruments: 1998: 1755). Stationery Office Books, 1998.

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49

Britain, Great. The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997 (Statutory Instruments: 1997: 283). Stationery Office Books, 1997.

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50

Britain, Great. The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Guernsey) Order 1997 (Statutory Instruments: 1997: 281). Stationery Office Books, 1997.

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Books on the topic 'International Criminal Tribunals for Former Yugoslavia and Rwanda'

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