Judges as Lawmakers? - Lecture Series 2008-2009

Judges as Law-Makers? The Ad Hoc Tribunals for Rwanda and Yugoslavia and the Development of International Criminal Law   

An exciting new international criminal law project entitled Judges as Law-Makers? The Ad Hoc Tribunals for Rwanda and Yugoslavia and the Development of International Criminal Law commenced at the Irish Centre for Human Rights in October 2008. The project, co-ordinated by Dr. Shane Darcy and Joseph Powderly, involves an exploration and assessment of the significant juridicial contribution made by the international criminal tribunals to the progressive development of international criminal law. As these institutions enter the final phase of their work, it is an appropriate time to reflect and critique the practice and jurisprudence of the Tribunals that is responsible for the evolution of contemporary international criminal law. As the caseload of the International Criminal Court grows, it is essential that we take stock of the achievements, impact and potential legacy of the judgments of the Rwanda and Yugoslav tribunals. 

The project will concern itself with two core activities: the compilation and publication of an edited collection of essays; and the hosting of selected contributors as part of the Judges as Law-Makers? Lecture Series at the Irish Centre for Human Rights during the 2008-2009 academic year. The research will explore and critique in detail the key areas where the tribunals have advanced the understanding of particular concepts and principles and contributed to a change in the law. The details for the lecture series are as follows: 

• 15 October 2008: Professor William A. Schabas, ’The Development of the Law of Genocide by the Ad Hoc Tribunals’ (Respondent: Dr. Abou Abass);
• 27 February 2009*: Dr. Göran Sluiter, ’Procedural Lawmaking by Judges at the ICTY and ICTR’, (Respondent: Fergal Gaynor)(*hosted by the Irish Branch of the International Law Association);
• 12 March 2009: Dr. Mia Swart, ’Judicial Lawmaking at the Ad Hoc Tribunals’;
• 2 April 2009: Dr. Fabián Raimondo, ’The development of international criminal law by resort to general principles of law: The ICTY’s and the ICTR’s input’;

• 14 January 2009 (7.30 pm): Professor Robert Cryer (Law School, University of Birmingham), ’Superior Responsibility in the case-law of the Ad Hoc Tribunals’ (Respondent: Dr. Shane Darcy, Irish Centre for Human Rights); venue: Seminar Room, Huston School of Film.

• 12 October 2009, (1 PM-2:30 PM): Judge Wolfgang Schomburg. "Joint Criminal Enterprise." (Respondent to be announced). Judge Schomburg specialized in mutual co-operation in criminal matters and had edited several books and 80 articles on the subject. He assisted the Council of Europe in drafting Codes of Criminal Procedure and Codes of Penal Law and in implementing Council of Europe Conventions in a number or its member States ( inter alia: Bosnia-and-Herzegovina, Ukraine, Russia, Georgia, Moldova, Latvia). He also worked with the European Union in preparation of the setting up of Eurojust. He was elected as a Judge of the ICTY on 14 March 2001 and President of Trial Chamber II on 23 November 2001. On 1 October 2003, he was appointed as a member of the Appeals Chambers of the ICTY and the ICTR.

Other confirmed contributors include Larissa van den Herik (crimes against humanity), Ola Olusanya (sentencing), Niamh Hayes (gender crimes) and Caroline Fournet (defences).    

Further information relating to the project is available from Dr. Shane Darcy ( shane.darcynuigalway.ie ) or Joseph Powderly ( joe.powderlygmail.com ).

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