This work examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the ICTY and the ICTR. The practice of the ICTY and the ICTR and their contribution to international humanitarian law and possible impact on the ICC are indicated in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute. All major relevant developments up to November 2002 are taken into account in this work.
This work was first written as a Doctorate thesis under the supervision of Professor Malcolm D. Evans in Bristol, England. It has since been substantially revised. I am most indebted to Professor Evans, who closely scrutinised each part of the draft. Professor Evan's high intellectual standards provided me with much personal inspiration for which I will always be grateful. His patience and kindness were never failing. It is with pleasure and gratitude also that I record the help which I have received from the editorial staff of Frank Cass Publishers, in particular, Sarah Clarke and Sally Green, throughout all stages of the production of the work.
I would like to thank the Republic of Turkey Ministry of National Education, for without its financial support this work could not have been achieved.
I am tremendously indebted to all of my colleagues, both administrative and academic at the Law Faculty of the University of Bristol.
Finally, and most importantly, I wish to thank my family whose support and prayers saw me through to the end. In particular, this work is dedicated to my late mother, Dilber Aksar, whose spirit was with me the whole way through.
Lastly, I wish to state that the ideas and views expressed in this book, unless explicitly indicated otherwise, were my own. Any shortcomings in the work remain my sole responsibility.