INTERNATIONAL CRIMINAL LAW DEVELOPMENTS IN THE CASE LAW OF THE ICTY
International Humanitarian Law Series VOLUME Editors-in-Chief Professor Christopher Greenwood Professor Timothy L.H. McCormack Editorial Advisory Board Professor Georges Abi-Saab H.E. Judge George H. Aldrich Madame Justice Louise Arbour Professor Ove Bring Professor Antonio Cassese Professor John Dugard Professor Dr. Horst Fischer Dr. Hans-Peter Gasser Professor Leslie C. Green H.E. Judge Geza Herczegh Professor Frits Kalshoven Professor Ruth Lapidoth Professor Gabrielle Kirk McDonald H.E. Judge eodor Meron Captain J. Ashley Roach Professor Jiri Toman e International Humanitarian Law Series is a series of monographs and edited volumes which aims to promote scholarly analysis and discussion of both the theory and practice of the international legal regulation of armed conlict. e series explores substantive issues of International Humanitarian Law including, • protection for victims of armed conlict and regulation of the means and methods of warfare • questions of application of the various legal regimes for the conduct of armed conlict • issues relating to the implementation of International Humanitarian Law obligations • national and international approaches to the enforcement of the law and • the interactions between International Humanitarian Law and other related areas of international law such as Human Rights, Refugee Law, Arms Control and Disarmament Law, and International Criminal Law.
International Criminal Law Developments in the Case Law of the ICTY Gideon Boas & William A. Schabas, editors
MARTINUS NIJHOFF PUBLISHERS /
Published by: Brill Academic Publishers P.O. Box 9000, 2300 PA Leiden,
[email protected] http://www.brill.nl
e Netherlands
Sold and distributed by: Turpin Distribution Services Limited Blackhorse Road Letchworth Herts SG6 1HN United Kingdom A C.I.P. Catalogue record for this book is available from the Library of Congress Printed on acid-free paper Cover photograph: Audio-Visual ICTY ISBN 90-411-1987-6 © 2003 Koninklijke Brill NV, Leiden,
e Netherlands
Typeset by jules guldenmund layout & text,
e Hague
Koninklijke Brill NV incorporates the imprint Martinus Nijho Publishers All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microilming, recording or otherwise, without written permission from the Publisher. Authorization to photocopy items for internal or personal use is granted by Brill Academic Publishers provided that the appropriate fees are paid directly to e Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers MA 01923, USA. Fees are subject to change. Printed and bound in
e Netherlands
Table of Contents