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The Tribunals and the Renaissance of International Criminal Law: Three Themes

American Journal of International Law (2016), Forthcoming

30 Pages Posted: 27 Jul 2016  

Darryl Robinson

Queen's University - Faculty of Law

Gillian MacNeil

Queen's University (Canada), Faculty of Law, Students

Date Written: March 15, 2016

Abstract

In this contribution to the AJIL agora on the legacy of the Yugoslavia and Rwanda Tribunals, we examine the Tribunals’ impact on substantive international criminal law. We highlight three themes permeating the Tribunals’ transformative influence on the law: updating the law to reflect contemporary values and context; adapting to collective dimensions of the crimes; and engaging with fundamental principles.

In our conclusion, we situate the Tribunals within the overall trajectory of international criminal law, and show how their design left a distinctive imprimatur on the law. While questions have been raised about some expansive doctrines and the legality principle, it may also be true that some element of rupture was essential for the revitalization of international criminal law.

Keywords: international criminal tribunals, legacy, genocide, war crimes, crimes against humanity, genocide, sexual violence, joint criminal enterprise, command responsibility, collective, fundamental principles, legality

JEL Classification: K33

Suggested Citation

Robinson, Darryl and MacNeil, Gillian, The Tribunals and the Renaissance of International Criminal Law: Three Themes (March 15, 2016). American Journal of International Law (2016), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2811252

Darryl Robinson (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L 3N6 K7L3N6
Canada

Gillian MacNeil

Queen's University (Canada), Faculty of Law, Students

Macdonald Hall
Kingston, Ontario K7L3N6
Canada

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