Joint Criminal Enterprise: The ICTY’s Contentious Addition to International Law

Abstract

The ICTY does not merely represent a historical stage in the development of international criminal justice which can now be put aside and left to legal historians. It also has a lasting impact, due to the fact that its Rules of Procedure and Evidence are judge-made law, tested in the fire of court practice and frequently amended to take the latest developments into account. Finally, with the arrest of Slobodan Karadžić, a new chapter has been opened for the Court. This volume thus provides not only an account of all the debates revolving around the proper role of international criminal justice and a contribution to the developing academic discipline of “transitional justice”; it also opens up a perspective to the International Criminal Court and asks what procedural legacy the ad hoc tribunals for Yugoslavia and Ruanda provide for the future of international criminal procedure.
Original languageEnglish
Title of host publicationICTY: Towards a Fair Trial?
EditorsThomas Kruessmann
Place of PublicationGraz, Austria
PublisherInterstitia
Publication date2008
Publication statusPublished - 2008

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