OUVRAGE : M. Sterio, M.P. Scharf (eds.), The Legacy of Ad Hoc Tribunals in International Criminal Law. Assessing the ICTY's and the ICTR's Most Significant Legal Accomplishments

Milena STERIO , Michael P. SCHARF 

In the post-Nuremberg era two of the most important developments in international criminal law are the International Criminal Tribunal for Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Created through UN Security Council resolutions, with specific mandates to prosecute those responsible for serious violations of international humanitarian law, the ICTY and the ICTR played crucial roles in the development of international criminal law. Through a series of chapters written by leading authorities in the field, The Legacy of Ad Hoc Tribunals in International Criminal Law addresses the history of the ICTY and the ICTR, and the important aspects of the tribunals' accomplishments. From examining the groundwork laid by the ICTY and the ICTR for greater international attention to crimes against humanity to the establishment of the International Criminal Courts, this volume provides a comprehensive overview of the impact and lasting roles of these tribunals.


TABLE OF CONTENTS

List of Contributors
Foreword, Richard J. Goldstone 

Introduction, Michael P. Scharf, Milena Sterio

PART I. THE LEGACY OF THE YUGOSLAVIA AND RWANDA TRIBUNALS

1. Milena Sterio, The Yugoslavia and Rwanda Tribunals: A Legacy of Human Rights
Protection and Contribution to International Criminal Justice
2. Jennifer Trahan, Examining the Benchmarks by Which to Evaluate the ICTY’s Legacy

PART II. NORMATIVE AND OPERATIONAL LEGACY

OF THE YUGOSLAVIA AND RWANDA TRIBUNALS

3. Michael P. Scharf, How the Tadic Appeals Chamber Decision Fundamentally Altered Customary International Law
4. ILW 2016 Panel, A Roundtable on the Legacy of the Karadzic Trial at the International Criminal Tribunal for the Former Yugoslavia
5. Gregory S. Gordon, Atrocity Speech Law Comes of Age: The Good, the Bad and the Ugly of the International Speech Crimes Jurisprudence at the Ad Hoc Tribunals
6. Michael P. Scharf, The Once and Future Doctrine of Joint Criminal Enterprise
7. Yvonne McDermott, The Tribunals’ Fact-Finding Legacy
8. Valerie Oosterveld, The Legacy of the ICTY and ICTR on Sexual and Gender-Based Violence
9. Jonathan Witmer-Rich, The Defense of Duress to Killing Innocents: Assessing the Mixed Legacy of the ICTY and the ICTR
10. Yvonne M. Dutton, Sentencing Policies of the Ad Hoc Tribunals
11. Margaret M. deGuzman, Mixed Messages: The Sentencing Legacies of the Ad Hoc Tribunals
12. Michael P. Scharf, Combatting Chaos in the Courtroom: Lessons from the ICTY and ICTR for the Control of Future War Crimes Trials

PART III. IMPACT OF THE YUGOSLAVIA AND RWANDA TRIBUNALS

ON THE FUTURE OF INTERNATIONAL CRIMINAL LAW

AND GLOBAL PEACE AND JUSTICE

13. Stuart Ford, The Impact of the Ad Hoc Tribunals on the International Criminal Court
14. Paul R. Williams, Kimberly Larkin, Twenty-Four Years On: The Yugoslavia and Rwanda Tribunals’ Contributions to Durable Peace

Conclusion, Michael P. Scharf and Milena Sterio

Index

Milena STERIO, Michael SCHARF (eds.), The Legacy of Ad Hoc Tribunals in International Criminal Law. Assessing the ICTY's and the ICTR's Most Significant Legal Accomplishments, Cambridge, Cambridge University Press, 2019 (376 pp.)