The contribution of the ad hoc Tribunals to international criminal law and international justice has been manifold, both academically and historically, and they will continue to influence the findings and decisions of many other courts (both domestic and international), and to provoke discussion for many years to Come. This volume provides the first comprehensive analysis of the law of international crimes as applied by the ad hoc tribunals for the former Yugoslavia and Rwanda. International Crimes and the Ad Hoc Tribunals examines the legal and historical significance of some of the most important judicial developments to occur in the last 50 years in international criminal law. It states the law of the Tribunals, and provides concrete illustrations of the application of the law to a variety of criminal cases, providing a comprehensive and detailed analysis of this voluminous body of jurisprudence. The primary focus is on the jurisdiction ratione materiae of the Tribunals: the definition and application of the law of war crimes, crimes against humanity, and genocide.
However, it also examines the Tribunals' jurisdiction ratione personae, insofar as this enables a full understanding of the law of crimes (for instance, in relation to forms of criminal liability).
`Mettraux has produced an essential volume that belongs on every international criminal law bookshelf. His grasp of the material is unequalled, a wonderful blend of knowledge that comes from years of working inside the system, but always presented with a welcome degree of scholarly detachment. The analysis is full of insights, some of them controversial and provocative. The book is beautifully written, and packed with helpful references.'
Professor William A. Schabas, Director of the Irish Centre for Human Rights at the National University of Ireland
`A masterful exposition of the ICTY and ICTR case law. The wealth of jurisprudential material is extremely well organized and set out clearly and concisely. An indispensable tool for both practitioners and scholars.'
Professor Antonio Cassese, University of Florence
`...invaluable to students of international criminal law. The approach...will prvide useful information for the future...Such insight into the workings of the tribunals is rare and the reader is constantly impressed by meticulous references to case law. Beautifully produced...a welcome addition to the current literature on international law.'
Ingrid Deller, International affairs
`...[this] book is devoted to a comprehensive analysis of the application of the substantive law of the ad hoc tribunals...an excellent tool in solidifying the judicial achievements so far...the reach and detail of the analysis...is admirable, and the clear expression of the author's views and the painstaking footnoting of judgments and decisions make a solid piece of writing...'
Bing Bing Jia, International Criminal Law Review
His Honour Judge David A. Hunt, Judge of the Appeals Cahmber of the Ad Hoc Tribunals for the former Yugoslavia and for Rwanda: Foreword
2: The Law of the Tribunal
3: Individual Criminal Responsibility: Forms of Participation in International Crimes
4: War Crimes
5: Crimes against Humanity
7: War Crimes, Crimes Against Humanity, and Genocide: Common Features and Differences
8: Sentencing for International Crimes