Trying Tyrants for Mass Atrocity

United Nations War Crimes Commission, History of the United Nations War Crimes Commission and the Developments of the Laws of War (1948), 35.

See Trial of the Major War Criminals Before the International Military Tribunal, Nuremberg, 14 November 1945–1 October 1946 (1947).

For a discussion of the Nuremberg Trial in its judicial and political context, see Robertson Geoffrey , Crimes Against Humanity (1999) 200–204.

See, Security Council Resolution 827, S/Res/827 (1993).

Prosecutor v. Kambanda, Case No ICTR-97-23-S, Judgment and Sentence, 4 September 1998.

For a detailed discussion of the Miloŝević trial, see Boas Gideon , The Milosevic Trial: Lessons for the Conduct of Complex International Criminal Proceedings (2007).

See, R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 3) [2000] 1 AC 147.

See Prosecutor Against Charles Taylor, Case No. SCSL-03-01-PT, Second Amended Indictment, 29 May 2007.

See ‘Prosecutor's Application for Warrant of Arrest under Article 58 Against Omar Hassan Ahmad AL BASHIR’, <icc-cpi.int/library/organs/otp/ICC-OTP-Summary-20081704-ENG.pdf>, at 12 February 2009.

See <icc-cpi.int/press/pressreleases/413.html>, at 12 February 2009.

See ‘Georgia “pulls out of S Ossetia”’, BBC News, <news.bbc.co.uk/2/hi/europe/7552012.stm>, at 12 February 2009.

See Security Council Resolutions, S/RES/1503 (2003) and S/RES/1534 (2004); Mundis Daryl A. , The Judicial Effects of the “Completion Strategies” on the Ad Hoc International Criminal Tribunals' (2005) 99 American Journal of International law 142.

For a detailed discussion of the trial, see Boas , above n 6.

‘Prosecutor Serge Brammertz Statement on the transfer of Radovan Karadz̆ic’, The Hague, 30July 2008, SB/OTP/1278e, <www.un.org/icty/lateste/pressindex.htm> accessed 12 February 2009.

See Boas, above n 6, ch four; Jørgensen Nina H.B. , ‘The Problem of Self-Representation at International Criminal Tribunals, Striking a Balance Between Fairness and Effectiveness’ (2006) 4 Journal of International Criminal Justice 64.

Prosecutor v. Milutinović, ‘Decision on Application of Rule 73bis’, IT-05-87-T, 11 July 2006.

Maharaj v Attorney-General of Trinidad and Tobago (1978) 2 WLR 902 (Privy Council).

See Jago v District Court (NSW) 168 CLR 23.

For a discussion of the Suddam trial and flaws in the Tribunal and trial process, see, eg, Human Rights Watch, Iraq: Saddam Hussein Put to Death, <hrw.org/en/news/2006/12/29/iraq-saddam-hussein-put-death>, at 12 February 2009.

See, eg, Amnesty International, ‘USA: Guantánamo and beyond: The continuing pursuit of unchecked executive power’, <amnesty.org/en/library/asset/AMR51/063/2005/en/dom-AMR510632005en.html>, at 12 February 2009; Dodd Vikram , This is a US Torture Camp, The Guardian (London, UK), 12 January 2007, <guardian.co.uk/commentisfree/2007/jan/12/comment.foreignpolicy>, at 12 February 2009.

See Aldrich George H. , ‘The Taliban, al Qaeda, and the Determination of Illegal Combatants’ (2002) 4 Humanitäires Völkerrecht 202–206; Sassoli Marco , ‘The Status of Persons Held in Guantanamo under International Humanitarian Law’ (2004) 2 Journal of International Criminal Justice, 96–106.

‘In the Matter of the Legality of the Charge against David Hicks’, Expert paper, 8 March 2007, <http://law.anu.edu.au/acel/Media/Rothwell%20-%208%20March%202007.pdf>, at 12 February 2009.

See McCormack Tim , ‘Guantanamo's closure is just the beginning’, The Age (Melbourne), 2 February 2009: <theage.com.au/opinion/guantanamos-closure-is-just-the-beginning-20090201-7uvn.html>, at 12 February 2009.

See, eg, ‘Rwandan Genocide: Commission Publishes Allegations Against France’, <spiegel.de/international/world/0,1518,570204,00.html>, at 12 February 2009.

See ‘Prosecutor's Report on the NATO Bombing Campaign, and Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991’, 13 June 2000, <un.org/icty/pressreal/p510-e.htm>, at 12 February 2009.

See, eg, Greenwood Christopher , Is there a right of humanitarian intervention?’ (1999) 49(2) The World Today, 34–40.

See Fenrick William J. , ‘Targeting and Proportionality during the NATO Bombing Campaign Against Serbia’ (2001) 12 European Journal of International Law 489.

The many complex arguments surrounding supporters and detractors of the different approaches to, and effects of, war crimes trials, are discussed in Simpson Gerry , Law, War and Crime (2007) ch 1; Bass Gary Jonathan , Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (2000) ch 8.