When Courts Make Law: How the International Criminal Tribunals Recast the Laws of War

From: Vanderbilt Law Review | Date: January 1, 2006| Author: Danner, Allison Marston | Copyright information

This Article provides a critical evaluation of the role, character, and normative desirability of international judicial lawmaking by examining the history the Yugoslav and Rwandan war crimes tribunals. These Tribunals have significantly altered the laws of war, and these changes have subsequently been codified in the treaty creating the International Criminal Court. This Article argues that states often tacitly delegate lawmaking authority to international courts, and that they did so in the...

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