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The Making of International Criminal Justice: A View from the Bench: Selected Speeches


ISBN13: 9780199669844
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £38.99
Hardback edition , ISBN13 9780199608935



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There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states.

However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law.

The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes. Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead.

As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order.

In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists.

Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.

Subjects:
International Criminal Law
Contents:
INTRODUCTION
1. The Seven Ages of Man (Charles Homer Haskins Prize Lecture)

PART I: HUMANITARIAN LAW AND HUMAN RIGHTS LAW: EVOLVING BODIES OF LAW
2. The Geneva Conventions and Public International Law
3. Customary Humanitarian Law: From the Academy to the Courtroom
4. The Humanization of the Law of War (Marek Nowicki Memorial Lecture)
5. The Universal Declaration of Human Rights at 60 (Ditchley Hall)
6. Improving Compliance by Non-State Actors with Obligations in International Humanitarian Law: A Global Responsibility'

PART II: THE RISE OF INTERNATIONAL CRIMINAL TRIBUNALS
7. The Greatest Change in International Law
8. Reflections on the Prosecution of War Crimes by International Tribunals: A Historical Perspective
9. Anatomy of an International Criminal Tribunal (Manley O. Hudson Medal Lecture)
10. The Principle of Legality in International Criminal Law
11. The Challenges Facing the International Criminal Tribunal for the Former Yugoslavia
12. Statement to the UN Security Council
13. Does International Criminal Justice Work? (Alec Roche Annual Lecture in Public International Law)
14. The Role of the ICC: Accountability, Peace, and Justice
15. The ICC's Relationship with National Jurisdictions: What Future?
16. Making the International Criminal Court a Global Reality Through Cooperation

PART III: INTERNATIONAL CRIMES AND JURISPRUDENCE OF INTERNATIONAL COURTS
17. Human Rights Law Marches Into New Territory: The Enforcement of International Human Rights by International Criminal Tribunals (Marek Nowicki Memorial Lecture)
18. The Protection of Civilians in the Jurisprudence of the ICTY and ICTR
19. Deliver Us Not to Evil: Keeping POWs Safe
20. International and Non-International Conflicts in the Jurisprudence of the ICTY and ICTR
21. The ICJ's Opinion in Bosnia & Herzegovina v. Serbia & Montenegro

PART IV: RESPONSIBILITY AND THE ROLE OF THE JUDGE
22. Judge Thomas Buergenthal and the Development of International Law by International Courts
23. Fairness in Sentencing (Separate and Partially Dissenting Opinion, Prosecutor v. Stanislav Galic)
24. Judicial Independence and Judicial Impartiality
25. The Role of Judges in Public Life
26. Decision-Making in International Criminal Tribunals
27. Justice and Leadership Dilemmas in Shakespeare

EPILOGUE
28. Address at Memorial Cemetery at Potocari, Srebrenica