Judicial Creativity at the International Criminal Tribunals

Dr. Shane Darcy is a lecturer at the Irish Centre for Human Rights, National University of Ireland, Galway He holds a Ph.D and LL.M in international human rights law from the National University of Ireland, Galway and ahs published widely in the fields of international humanitarian law, criminal law and human rights law.Joseph Powderly is Researcher in International Criminal and Humanitarian Law at the T.M.C. Asser Instituut in The Hague. He is a Ph.D. candidate at the Irish Centre for Human Rights, National University of Ireland, Galway, and is a recipient of a Postgraduate Research Scholarship from Irish Research Council for the Humanities and Social Sciences.

• Introduction ; PART I - SOURCES OF LAW AND JUDICIAL INTERPRETATION ; 1. Judicial Interpretation at the ad hoc Tribunals: Method from Chaos? ; 2. General Principles of Law, Judicial Creativity and the Development of International Criminal Law ; PART II - DEFINITION OF CRIMES ; 3. Judicial Activism and the Crime of Genocide ; 4. Using Custom to Reconceptualize Crimes Against Humanity ; 5. The Reinvention of War Crimes by the International Criminal Tribunals ; 6. Creating a Definition of Rape in International Law: the Contribution of the International Criminal Tribunals ; PART III - FORMS OF CRIMINAL LIABILITY ; 7. The ad hoc Tribunals and the Law of Command Responsibility: A Quiet Earthquake ; 8. Judicial Creativity and Joint Criminal Enterprise ; 9. Omission Liability at the International Criminal Tribunals - A Case for Reform ; PART IV - DEFENCES AND FAIR TRIAL RIGHTS ; 10. The Judicial Development of the Law of Defences by the International Criminal Tribunals ; 11. The Development of the Right to Self Representation before the International Criminal Tribunals ; 12. The Right to be Informed of the Nature and Cause of the Charges: A Potentially Formidable Jurisprudential Legacy ; PART V - PROCEDURE ; 13. Procedural Lawmaking at the International Criminal Tribunals ; 14. Trying Cases at the International Criminal Tribunals in the Absence of the Accused? ; 15. The Role of the Judges in the Definition and Implementation of the Completion Strategies of the International Criminal Tribunals

I expect the volume to be widely read. It is bound to be of great interest to practitioners and judges involved in international criminal trials. It will plainly attract significant academic interest. It will also repay study by those who are interested in the role played by judges in general in the development of law in the domestic as well as the international field. In addition it provides insight into the historical role and development, as well as the work in general, of the international criminal tribunals