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International Criminal Justice at the Yugoslav Tribunal - A Judge's Recollection (Hardcover, New)
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International Criminal Justice at the Yugoslav Tribunal - A Judge's Recollection (Hardcover, New)
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International criminal justice has undergone rapid recent
development. Since the establishment of the International Criminal
Tribunal for the former Yugoslavia (ICTY) in 1993, and the
International Criminal Tribunal for Rwanda (ICTR) in the following
year, the field has changed beyond recognition. The traditional
immunity of presidents or heads of government, prime ministers, and
other functionaries acting in an official capacity no longer
prevails; the doctrine of superior orders is inapplicable except,
where appropriate, as in mitigation; and the gap between
international armed conflict and non-international armed conflict
has closed. More generally, the bridge has been crossed between the
irresponsibility of the state and the criminal responsibility of
the individual. As a result, the traditional impunity of the state
has practically gone. This book, by one of the former judges of the
ICTY, ICTR, and the International Court of Justice, assesses some
of the workings of the ICTY that have shaped these developments. In
it, Judge Shahabuddeen provides an insightful overview of the
nature of this criminal court, established on behalf of the whole
of the international community. He reflects on its transformation
into one of the leading fora for the growth of international
criminal law first-hand, offering a unique perspective on the
challenges it has faced. Judge Shahabuddeen's experience in
international criminal justice makes this volume essential reading
for those interested in, or working with, international criminal
law.
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