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Judicial Creativity at the International Criminal Tribunals
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Judicial Creativity at the International Criminal Tribunals

Shane Darcy and Joseph Powderly

Abstract

As the International Criminal Tribunals for the former Yugoslavia and Rwanda enter the final phase of their work, it is an appropriate time to reflect on the significant contribution that these unique institutions have made to the development of international criminal law. Judgments issued by the ad hoc tribunals have served to clarify and elucidate key concepts and principles of international criminal law. On several occasions, this practice and jurisprudence has pushed the progressive development of this dynamic and growing branch of international law. This book examines the specific develop ... More

Keywords: international criminal law, international courts, international tribunals, judicial creativity, judicial interpretation, sources of law, definition of crimes, forms of liability, fair trial rights, defences

Bibliographic Information

Print publication date: 2010 Print ISBN-13: 9780199591466
Published to Oxford Scholarship Online: January 2011 DOI:10.1093/acprof:oso/9780199591466.001.0001

Authors

Affiliations are at time of print publication.

Shane Darcy, editor
Lecturer, Irish Centre for Human Rights, National University of Ireland, Galway

Joseph Powderly, editor
Researcher in International Humanitarian & Criminal Law, T.M.C. Asser Institute, The Netherlands

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Contents

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Part I Sources of Law and Judicial Interpretation

Part II Definition of Crimes

Part III Forms of Criminal Liability

Part IV Defences and Fair Trial Rights

Part V Procedure

End Matter