Kenneth S. Gallant (UALR Bowen School of Law) has posted Legality in the Modern International and Internationalized Criminal Courts and Tribunals on SSRN. Here is the abstract:
This is a draft Chapter 6 of a book length manuscript on "The Principle of Legality in International and Comparative Criminal Law."
Chapter 6 examines the principle of legality in the international and internationalized courts and tribunals from the ICTY through the ICC and the new tribunals such as Sierra Leone, Kosovo, East Timor and Cambodia. It examines both legal texts of the courts and practice for those courts where there is practice. The ICC provisions particularly are more complex than they are sometimes given credit for being, and limit the jurisdiction of the Court, including in some cases of Security Council referrals. The ad hoc and internationalized tribunal materials discusses how the principle of legality in criminal law binds international organizations, as well as states, in the process of lawmaking.
This work has tentatively been accepted for publication by Cambridge University Press pending completion of the entire manuscript.