How the Tadic appeals chamber decision fundamentally altered customary international law / Michael P. Scharf

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Document type:

Chapter

Title:

How the Tadic appeals chamber decision fundamentally altered customary international law

Author zone:

Michael P. Scharf

In:

The legacy of ad hoc tribunals in international criminal law : assessing the ICTY's and the ICTR's most significant legal accomplishments

Editor:

Cambridge : Cambridge University Press, 2019

Physical description:

p. 59-72

Languages:

English

Abstract:

In its first decision, on October 2, 1995, the Appeals Chambers of the Yugoslavia Tribunal held that the same principles of liability that apply to international armed conflict apply to internal armed conflict. Despite dubious provenance, this sweeping decision has been affirmed by the Rwanda Tribunal and the Special Court for Sierra Leone; it has been codified in the military manuals of several governments; it has been enshrined in the 1998 Statute of the International Criminal Court; and is now recognized as customary international law despite the dearth of state practice or prolonged period of development. This chapters examines how the return of genocide to Europe for the first time since World War II and the creation of the first international criminal tribunal since Nuremberg sowed the seeds for rapid recognition of this expanded area of international criminal liability.

Authors: