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A History Of The Role Of Defense Counsel In International Criminal And War Crimes Tribunals

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Chapter Summary

The modern fulcrum of interest in international criminal law and tribunals is the set of post-World War II trials at Nuremberg and Tokyo. Interest in the history of those trials and others has grown with the contemporary development of the ad hoc international criminal tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR), and the more recent creation of the permanent International Criminal Tribunal (ICC). There is, however, an extensive history of tribunals domestic and international, military and civilian which tried offences defined as international crimes, both before and after Nuremberg and Tokyo. This chapter examines that history through one particular lens: that of the role of and procedures governing defense of the accused. The chapter profiles four of the generally unrecognized and sometimes colorful personalities who have defended those who were charged with crimes that were and are arguably the "worst of the worst": genocide, crimes against humanity and other atrocities.

Keywords: crimes against humanity; defense counsel; ethical violations; genocide; international criminal tribunal (ICC); international humanitarian law; war crimes tribunals



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