Implementing Legislation for the Application of the Law on the International Criminal Tribunal for the Former Yugoslavia and Criteria for its Evaluation

1998 ◽  
Vol 1 ◽  
pp. 35-68
Author(s):  
Ivo Josipović
Keyword(s):  
World War Ii ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
History Of

The establishment of the 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 (ICTY) and the adoption of its Statute heralded a new page in the history of international, particularly international criminal, law. For the first time since World War II, an international criminal court was established. The Tribunal was created in order to achieve important legal and political goals: to punish perpetrators of serious violations of international humanitarian law committed in the former Yugoslavia since 1991; to prevent further crimes; to facilitate the peace process; and to serve as a test for a future permanent international criminal court.

scholarly journals FACING BACK TO MOVE FORWARD: EVALUATING THE CONTRIBUTION OF THE INTERNATIONAL CRIMINAL TRIBUNAL OF RWANDA ON THE EVOLUTION OF INTERNATIONAL CRIMINAL LAW

2009 ◽  
Author(s):  
Dan Ngabirano
Keyword(s):  
World War Ii ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
Social Challenges ◽  
First Case

The 1994 Rwanda genocide is one of the worst human catastrophes to have befallen mankind since World War II. The genocide left over 800 000 people dead, 1.7 million displaced, 400 000 widowed, and 130 000 arrested on suspicion of committing acts of genocide. The consequences of this genocide are still felt today. Despite the fact that the causes of this genocide were apparent, no commendable steps were taken by the international community, in particular the United Nations, to avert it. Having established that ‘genocide and other systematic, widespread and flagrant violations of international humanitarian law committed in Rwanda constituted a threat to international peace and security’ the UN adopted Resolution 955 which established the International Criminal Tribunal for Rwanda (ICTR). The ICTR was largely inspired by the International Criminal Tribunal for the former Yugoslavia (ICTY), a similar institution established for bringing those responsible for similar atrocities committed in the former Yugoslavia to justice. The ICTR has been largely criticised for taking too long when trying to dispose of the cases before it. At an international level, it is said that many funds are being spent on the ICTR without showing any results. These criticisms do not take the logistical, political and social challenges faced by the ICTR into account. At the time of its establishment, the ICTR faced mainly infrastructural challenges, thus it took almost three years for the ICTR to decide its first case. Most of its time was spent on putting an ICTR facility with three chambers in place. The wide-ranging criticisms tend to overshadow the achievements of the ICTR, which are highlighted in this paper.

scholarly journals The International Committee of the Red Cross and the International Criminal Court: Turning international humanitarian law into a two-headed snake?

2021 ◽  
pp. 1-19
Author(s):  
Fernanda García Pinto
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Committee ◽  
Criminal Court ◽  
International Criminal Law ◽  
Red Cross ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Gender Based Violence ◽  
Critical Approach

Abstract The International Committee of the Red Cross and the International Criminal Court are two very different entities that simultaneously apply international humanitarian law but do so after their own perspectives. This article proposes a cautious yet critical approach to some of their divergent interpretations (conflict classification, the difference between direct and active participation in hostilities, intra-party sexual and gender-based violence, and the notion of attack) and examines how the broader legal system copes with these points of divergence. The analysis considers the institutional characteristics of these two organizations and the pluralistic nature of international humanitarian law as well as its dynamic rapport with international criminal law in order to highlight the versatility needed to face the challenges posed by contemporary armed conflicts.

War Crimes in International Versus Non-International Armed Conflicts: "New Wine in Old Wineskins"?

2008 ◽  
Vol 8 (1-2) ◽  
pp. 319-329 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law

AbstractThis note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

New Mechanisms for the Enforcement of International Humanitarian Law

2001 ◽  
Vol 95 (4) ◽  
pp. 934-952 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
Ad Hoc ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Community ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
International Criminal Tribunals ◽  
Domestic Courts

The international criminal court (ICC) will serve as a permanent institution dedicated to the enforcement of international humanitarian law sixty days after the sixtieth state has deposited its instrument of ratification, acceptance, approval, or accession to the Treaty of Rome with the Secretary-General of the United Nations.1 Pursuant to Article 11 of the ICC Statute, however, the ICC will have jurisdiction only with respect to crimes committed after the treaty comes into force.2 Consequently, when faced with allegations of violations of international humanitarian law in the period prior to the establishment of the ICC, the international community has five options if criminal prosecutions are desired.3 First, additional ad hoc international tribunals, similar to those established for the former Yugoslavia (International Criminal Tribunal for the Former Yugoslavia, ICTY) and Rwanda (International Criminal Tribunal for Rwanda, ICTR) could be established.4 Second, "mixed" international criminal tribunals, which would share certain attributes with the ad hoc Tribunals, could be created.5 Third, the international community could leave the prosecution of alleged offenders to national authorities, provided that the domestic courts are functioning and able to conduct such trials. Fourth, in those instances where the national infrastructure has collapsed, international resources could be made available to assist with the prosecution of the alleged offenders in domestic courts. Finally, the international community could simply do nothing in the face of alleged violations of international humanitarian law.

Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials

2013 ◽  
Vol 46 (2) ◽  
pp. 271-315 ◽  
Author(s):  
Rogier Bartels
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Criminal Trials ◽  
Principle Of Proportionality ◽  
International Criminal Trials

The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international criminal trials. It discusses the principle itself, followed by an explanation of the general challenges of dealing with violations of international humanitarian law, and more specifically the rules related to the conduct of hostilities, during war crime trials. The way in which the principle has been used before the International Criminal Tribunal for the former Yugoslavia is examined, including an in-depth discussion of the recentGotovinacase. The second part consists of an evaluation of Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court, and discusses the difficulties the International Criminal Court would face in cases dealing with violations of the principle of proportionality.

1 Introduction

2021 ◽  
Author(s):  
Fleck Dieter
Keyword(s):  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Progressive Development ◽  
National Courts

This introductory chapter provides an overview of international humanitarian law. During the past decades, international humanitarian law has been subject to a progressive development which culminated in the four 1949 Geneva Conventions, the 1977 Protocols Additional to these Conventions, the 1980 Weapons Convention, the 1993 Chemical Weapons Convention, and the 1998 Rome Statute of the International Criminal Court. While many efforts have been made by states to implement their obligations under international humanitarian law, much work remains to be done at international and national levels. This task poses a challenge to political decision-makers and to their legal and military advisers, many of whom must shoulder this workload in addition to other duties and in spite of the pressure of other priorities. Recent achievements of worldwide co-operation in this field are manifold: The interrelationship between humanitarian law and the protection of human rights in armed conflicts is largely accepted and better understood today than ever before. A progressive development of international criminal law has led to increased jurisprudence on war crimes and crimes against humanity by national courts, international ad hoc tribunals, and finally to the establishment of the International Criminal Court (ICC).

Trials, Tribulations, and Triumphs: Major Developments in 1997 at the International Criminal Tribunal for the Former Yugoslavia

1998 ◽  
Vol 35 ◽  
pp. 179-213 ◽  
Author(s):  
Darryl Robinson
Keyword(s):  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
International Criminal Law ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
International Humanitarian Law ◽  
Humanitarian Law

SummaryNineteen ninety-seven was marked by several important developments at the International Criminal Tribunal for the former Yugoslavia. A series of arrests and voluntary surrenders have increased the Tribunal's workload and credibility. The landmark Tadic judgment has clarified international humanitarian law, particularly with respect to crimes against humanity. The Erdemovic decision considered the defence of duress with respect to the murder of civilians and the use ofguilty pleas in international criminal law. Finally, the Blaskic decision has considered the use of subpoenas in international law.

An overview of the international criminal jurisdictions operating in Africa

2006 ◽  
Vol 88 (861) ◽  
pp. 111-131
Author(s):  
Jamie A. Williamson
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Present Review ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
African Continent ◽  
International Crimes

Whilst the African continent has been beset with many of the modern- day conflicts, and with them violations of international humanitarian law, through the work of the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court, African states have demonstrated their intent to hold accountable the perpetrators of the gravest international crimes. By the end of 2005, the International Criminal Tribunal for Rwanda celebrated its eleventh year, the Special Court for Sierra Leone will have completed its fourth year and the International Criminal Court will be more than three and a half years old. As the present review of their activities shows, the delivery of justice through international jurisdictions is a complex and often time-consuming process.

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

The new International Criminal Court: A preliminary assessment

1998 ◽  
Vol 38 (325) ◽  
pp. 671-683 ◽  
Author(s):  
Marie-Claude Roberge
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Major Step ◽  
International Crimes ◽  
Set Up ◽  
New Institutions

After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.

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