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.
Judge Mohamed Shahabuddeen served as a Judge of the International Criminal Tribunal for the former Yugoslavia from June 1997 to November 2005; normally in the Appeals Chamber, and was Vice-President of the Tribunal from 1997 to 1999, and again from 2001 to 2003. He has also served as a Judge at the International Criminal Tribunal for Rwanda (Appeals Chamber) from 1997 to 2005, and a Judge of the Permanent Court of Arbitration, since 1998. Previously he had served as a Judge at the International Court of Justice from 1988 to 1997, and has worked as an Arbitrator and Consultant in international law. Prior to this he had occupied many judicial and governmental positions in Guyana, including those of Attorney General and Minister of Legal Affairs. He is a member of the Institut de droit international and of the Societe francaise de droit international.
1. The Birth of a Great Experiment ; 2. The Establishment of the ICTY ; 3. The Powers of the ICTY ; 4. Procedure ; 5. Some Criminal Issues Before the ICTY ; 6. Looking Forward