Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The Challenge Of ‘Firsts’ In International Criminal Justice: First Courts, First Judges, And Issues Of First Impression

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

In the 1990s, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were the first international criminal courts (ICCs) since the post-World War II Nuremberg and Tokyo tribunals. The decision-making approaches were applied to many issues of first impression in international criminal law. This chapter discusses four cases. The first case is the ICTR's decision on the definition of rape and whether rape is an act of genocide in Prosecutor v. Akayesu. The second case is the ICTY's decision on whether duress is a defense to the killing of innocent people in Prosecutor v. Erdemovic. The third is the SCSL's decision on the status of amnesty in an international criminal proceeding in Prosecutor v. Kallon and Kamara. The fourth is the ICC's interpretation of its statute and rules on the parameters of victim participation in the proceedings of Prosecutor v. Lubanga Dyilo.

Keywords: decision-making approaches; international criminal court; International Criminal Justice; International Criminal Tribunal for Rwanda (ICTR); International Criminal Tribunal for the former Yugoslavia (ICTY)



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Protecting Humanity — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation