The Tribunals and the Renaissance of International Criminal Law: Three Themes
110 American Journal of International Law (2016) 191-211
30 Pages Posted: 27 Jul 2016 Last revised: 23 Feb 2018
Date Written: March 15, 2016
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: Suggested Citation