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Keywords: ad hoc tribunals
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Journal Article
Payam Akhavan and Frédéric Mégret
British Yearbook of International Law, brad002, https://doi.org/10.1093/bybil/brad002
Published: 25 April 2023
... criminal law over time, considering how judges utilized the common law as they navigated the complex dialectic between ‘statutory’ and ‘judge-made’ law. uncertainty international criminal law common law International Military Tribunal ad hoc tribunals judge-made law The historical evolution...
Chapter
Published: 11 February 2019
... used at the international criminal courts and tribunals that were established to address war crimes, crimes against humanity, genocide, and other serious offenses. The chapter begins with an overview of the evolution of modern international criminal procedure, first at the ad hoc tribunals...
Chapter
Published: 02 July 2019
..., the UN has also shaped their procedural and substantive law. Starting with the first to be established—the ad hoc tribunals—the UN Security Council, acting under Chapter VII, adopted the International Criminal Tribunal for the former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR...
Chapter
Published: 19 March 2009
...This chapter outlines the interaction and interplay between international criminal justice and international criminal law and, in particular, the role that the ad hoc tribunals have played in moulding and fleshing out this doctrine. political considerations Second World War ad hoc Tribunals...
Chapter
Published: 19 March 2009
... case superior responsibility ad hoc Tribunals International Criminal Court ICC Kunarac case Statute International Criminal Court ICC civilian leaders military leaders Extraordinary Chambers in the Courts of Cambodia Special Court for Sierra Leone effective control liability international...
Book
Published online: 01 January 2010
Published in print: 06 March 2003
...This book takes a procedural approach to human rights guarantees in international criminal proceedings and covers both the systems of the ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. It analyzes the rights conferred on individuals...
Chapter
Published: 13 April 2006
.... Ratione personae, the jurisdiction of both ad hoc tribunals, is limited to natural persons and excludes any official privileges or state immunities that such persons might otherwise have enjoyed before domestic courts. Additional Protocol II civilians common Art detention Geneva Conventions...
Book
Published online: 01 January 2010
Published in print: 13 April 2006
... a manuscript well buried from sight, including from mine. It stayed there until another friend and mentor, Professor Antonio Cassese, convinced me to turn the manuscript into a book. Due to professional commit- ment rst as a legal assistant to the Judges of the ad hoc Tribunal for the Former Yugoslavia...
Chapter
Published: 01 July 2011
...This chapter argues that the greatest change in international law is the creation of a new universe of international criminal and hybrid tribunals and courts in various manifestations. The UN ad hoc tribunals, in particular, have established that fair international prosecutions of war crimes...
Chapter
Published: 01 July 2011
...This chapter focuses on the ad hoc Tribunals on whose Appeals Chambers the author serves — the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). It discusses how the Tribunals actually work. The ad hoc Tribunals' anatomy...
Chapter
Published: 31 May 2012
... and ends with the International Criminal Court. In between lie the three ad hoc tribunals established or initiated by the UN Security Council (the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Tribunal for Lebanon); the hybrid...
Chapter
Published: 08 March 2012
... terrorism universal jurisdiction mens rea actus reus guilty mind crime international law state policy ad hoc tribunals Criminal law classically describes offences as being composed of two elements: the mens rea and the actus reus. The mens rea...
Chapter
Published: 01 July 2011
... case, which involved a challenge to the Tribunal's jurisdiction. It then discusses some of the important ways in which the Tadić decision, presided over by the visionary scholar and judge Antonio Cassese, has influenced the jurisprudence of the ad hoc Tribunals and the development...
Chapter
Published: 02 September 2009
...This article discusses contemporary international efforts to consolidate and codify significant portions of existing customary international law. It studies the ad hoc tribunals of the UN and pinpoints the successes and failures of the International Criminal Tribunal for the former Yugoslavia (ICTY...
Chapter
Published: 09 October 2017
... as to that of other international tribunals. The same has taken place on the part of international criminal tribunals (ICC and ICTFY), at a time of special attention to the preservation of the legacy of the ad hoc tribunals (ICTFY and ICTR). One could have expected the same from the ICJ...
Chapter
Published: 06 March 2003
...This chapter discusses the rights of the accused to appeal and revision as a means for obtaining redress — judicial and non-judicial remedies. It then talks about the right of the accused to appeal: from Nuremberg and Tokyo to the ad hoc Tribunals and the ICC. It clarifies...
Chapter
Published: 13 April 2006
...The judicial activity of the ad hoc tribunals created for Rwanda and the former Yugoslavia has been more than the occasion for developing international law and punishing the guilty. The two tribunals are not in the business of writing history; they are writing criminal law judgments. However...
Chapter
Published: 21 May 2020
... This chapter examines how victim representation worked at the Extraordinary African Chambers (EAC) and how it differed from other international tribunals such as the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC and the EAC are the only ad hoc tribunals that have allowed victims...