There has been a quiet revolution over the course of the past quarter century in the prosecution of individuals for war crimes before international courts. Until recently, and with a few notable exceptions in the wake of World War II, violations of the laws of war and international humanitarian law were addressed primarily as claims between states. However, this approach has changed radically in just the last twenty years, as the international community has increasingly accepted the idea of individual criminal responsibility for violations of international humanitarian law. The International Criminal Tribunals for the former Yugoslavia and Rwanda have played a key role in this transformation and, as the trailblazers for a growing number of new international or hybrid criminal courts, in establishing the field of international criminal justice and encouraging the national prosecution of war crimes.
Understanding the Tribunals' origins, their ground-breaking jurisprudence, and how they have addressed critical legal and practical challenges is essential to understanding both the revolution that has occurred over the past twenty years and how international criminal law will change and grow in the years ahead. As a leading scholar on humanitarian law, past President of the International Criminal Tribunal for the former Yugoslavia, and Appeals Judge for both the Yugoslavia and Rwanda Tribunals, Theodor Meron has observed and influenced the development of international criminal law as it has evolved from a mostly academic exercise to a cornerstone of the new international legal order.
In this collection of speeches delivered during his first decade on the bench, he offers an insightful overview of the foundations of international criminal law as well as a unique, insider's perspective on the challenges faced by international criminal tribunals, their creation of a corpus of substantive and procedural law regarding everything from sentencing and self-representation to the law of genocide and the protection of prisoners of war, the contributions of other international courts, and the responsibilities of international jurists. Judge Meron's personal reflections and unparalleled experience in international criminal justice make this volume as rewarding for experts as it is for the general public.
Since his election to the Tribunal by the U.N. General Assembly in March 2001, Judge Meron has served on the Appeals Chamber, which hears appeals from both the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Between March 2003 and November 2005 he served as President of the Tribunal. A leading scholar of international humanitarian law, human rights, and international criminal law, Judge Meron wrote some of the books and articles that helped build the legal foundations for international criminal tribunals. A Shakespeare enthusiast, he has also written articles and books on the laws of war and chivalry in Shakespeare's historical plays.
INTRODUCTION ; 1. The Seven Ages of Man (Charles Homer Haskins Prize Lecture) ; PART I: HUMANITARIAN LAW AND HUMAN RIGHTS LAW: EVOLVING BODIES OF LAW ; 2. The Geneva Conventions and Public International Law ; 3. Customary Humanitarian Law: From the Academy to the Courtroom ; 4. The Humanization of the Law of War (Marek Nowicki Memorial Lecture) ; 5. The Universal Declaration of Human Rights at 60 (Ditchley Hall) ; 6. Improving Compliance of Non-State Actors' Obligations in International Humanitarian Law: A Global Responsibility ; PART II: THE RISE OF INTERNATIONAL CRIMINAL TRIBUNALS ; 7. The Greatest Change in International Law ; 8. Reflections on the Prosecution of War Crimes by International Tribunals: A Historical Perspective ; 9. Anatomy of an International Criminal Tribunal (Manley O. Hudson Medal Lecture) ; 10. The Principle of Legality in International Criminal Law ; 11. The Challenges Facing the International Criminal Tribunal for the Former Yugoslavia ; 12. Statement to the UN Security Council ; 13. Does International Criminal Justice Work? (Alec Roche Annual Lecture in Public International Law) ; 14. The Role of the ICC: Accountability, Peace, and Justice ; 15. The ICC's Relationship with National Jurisdictions: What Future? ; 16. Making the International Criminal Court a Global Reality Through Cooperation ; PART III: INTERNATIONAL CRIMES AND JURISPRUDENCE OF INTERNATIONAL COURTS ; 17. Human Rights Law Marches Into New Territory: The Enforcement of International Human Rights by International Criminal Tribunals (Marek Nowicki Memorial Lecture) ; 18. The Protection of Civilians in the Jurisprudence of the ICTY and ICTR ; 19. Deliver Us Not to Evil: Keeping POWs Safe ; 20. International and Non-International Conflicts in the Jurisprudence of the ICTY and ICTR ; 21. The ICJ's Opinion in Bosnia & Herzegovina v. Serbia & Montenegro ; PART IV: RESPONSIBILITY AND THE ROLE OF THE JUDGE ; 22. Judge Thomas Buergenthal and the Development of International Law by International Courts ; 23. Fairness in Sentencing (Separate and Partially Dissenting Opinion, Prosecutor v. Stanislav Gali?) ; 24. Judicial Independence and Judicial Impartiality ; 25. The Role of Judges in Public Life ; 26. Justice and Leadership Dilemmas in Shakespeare ; EPILOGUE ; 27. Address at Memorial Cemetery at Potocari, Srebrenica