Thursday, July 28, 2016

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

Darryl Robinson (Queen's Univ., Canada - Law) & Gillian MacNeil (Queen's Univ., Canada - Law) have posted The Tribunals and the Renaissance of International Criminal Law: Three Themes (American Journal of International Law, forthcoming). Here's the 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.