Relevant bibliographies by topics / International Criminal Tribunals for Former Yugoslavia and Rwanda

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  2. Dissertations / Theses
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Academic literature on the topic 'International Criminal Tribunals for Former Yugoslavia and Rwanda'

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Published: 4 June 2021
Last updated: 15 February 2022

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Journal articles on the topic "International Criminal Tribunals for Former Yugoslavia and Rwanda"

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Sluiter, Göran. "Case Analysis: To Cooperate or not to Cooperate?: The Case of the Failed Transfer of Ntakirutimana to the Rwanda Tribunal." Leiden Journal of International Law 11, no. 2 (June 1998): 383–95. http://dx.doi.org/10.1017/s0922156598000296.

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The relationship between national jurisdictions and the international criminal tribunals for the former Yugoslavia and Rwanda raises many problems. One of them concerns the surrender of indicted war criminals from national jurisdictions to the Ad Hoc Tribunals. Several obstacles stand in the way of effective surrender to the Ad Hoc Tribunals. This contribution focuses on the legal obstacles that may be encountered in this respect. By means of the case of the failed surrender of Ntakirutimana from the United States to the Rwanda Tribunal, it will be demonstrated that legal assistance to the Ad Hoc Tribunals is of a fundamental different nature than legal assistance offered to foreign tribunals.
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Franceschet, Antonio. "The International Criminal Court's Provisional Authority to Coerce." Ethics & International Affairs 26, no. 1 (2012): 93–101. http://dx.doi.org/10.1017/s0892679412000056.

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The United Nations ad hoc tribunals in the former Yugoslavia and Rwanda had primacy over national judicial agents for crimes committed in these countries during the most notorious civil wars and genocide of the 1990s. The UN Charter granted the Security Council the right to establish a tribunal for Yugoslavia in the context of ongoing civil war and against the will of recalcitrant national agents. The Council used that same right to punish individuals responsible for a genocide that it failed earlier to prevent in Rwanda. In both cases the Council delegated a portion of its coercive title to independent tribunal agents, thereby overriding the default locus of punishment in the world order: sovereign states.
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Benvenisti, Eyal, and Sarah M. H. Nouwen. "Leaving Legacies Open-Ended: An Invitation for an Inclusive Debate on International Criminal Justice." AJIL Unbound 110 (2016): 205–8. http://dx.doi.org/10.1017/s239877230000903x.

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As a response to the Symposium on the International Criminal Tribunals for the former Yugoslavia and Rwanda published by the American Journal of International Law on the occasion of the tribunals’ closure, this AJIL Unbound Symposium intends to broaden the debate on the “legacies” of those courts. The AJIL Symposium contains articles on the creation of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR); the ad hoc tribunals’ jurisprudential contributions; and their extra-legal impacts and legacies. The concept of “legacy” is itself contested and the appropriateness of the courts’ own efforts to consolidate it may be questioned, especially as they have barely ended (or are about to end) their work. Nevertheless, their over two decades of existence does provide an occasion to assess all they have done and not done, and have affected, intentionally and unintentionally. Against that background, we have invited a group of scholars to respond to the AJIL Symposium and to reflect upon the work of the tribunals with a view to enriching the debate with more voices, from different regions, from different interest groups, and from different disciplines.
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Askin, Kelly D. "Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status." American Journal of International Law 93, no. 1 (January 1999): 97–123. http://dx.doi.org/10.2307/2997957.

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The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tribunal authority to try defendants for crimes enunciated in Articles 2-4, namely, genocide, crimes against humanity, and violations of common Article 3 of the Geneva Conventions and of Additional Protocol II. Article 7, paragraphs (1) and (3) of the ICTY Statute and Article 6, paragraphs (1) and (3) of the ICTR Statute grant jurisdiction to these ad hoc Tribunals to try the accused for individual criminal responsibility on the bases of individual culpability and superior authority.
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Rojo, Enrique Carnero, and Maria Nybondas. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 9 (December 2006): 311–61. http://dx.doi.org/10.1017/s1389135906003114.

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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Guellai, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 10 (December 2007): 133–97. http://dx.doi.org/10.1017/s138913590700133x.

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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Guellali, Amna, and Enrique Carnero Rojo. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 11 (December 2008): 255–372. http://dx.doi.org/10.1017/s1389135908002559.

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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.
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Turns, David, Carnero Rojo, Julieta Solano McCausland, and Aleks Bojovic. "INTERNATIONAL CRIMINAL COURTS ROUND-UP." Yearbook of International Humanitarian Law 12 (December 2009): 233–62. http://dx.doi.org/10.1017/s1389135909000087.

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AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Extraordinary Chambers in the Courts of Cambodia.
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Pocar, Fausto. "Criminal Proceedings before the International Criminal Tribunals for the Former Yugoslavia and Rwanda." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 89–102. http://dx.doi.org/10.1163/157180306777156934.

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AbstractThe ad hoc Criminal Tribunals have shown, by their case law, how practically to go about judicial enforcement of international humanitarian law at the international level and have guided the formation of other international and mixed criminal courts. Following the precedent set at the Nuremberg trials, the most important legacy of the ad hoc Tribunals has been the development and effective enforcement of the entire body of international humanitarian law put into place since the end of World War II, which seeks to maintain a proper balance between prosecuting individuals for grave breaches of international humanitarian law and upholding due process norms including protection of the rights of the accused. The path paved by the ad hoc Tribunals is crucial for the future regulation of the behaviour of States and individuals in times of conflict and has triggered increased attention to and enforcement of international humanitarian law in various other jurisdictions, including, in the first place, in the International Criminal Court. These are some of the author's conclusions following an analysis of the challenges faced by the ad hoc Tribunals.
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Campbell, Kirsten. "Gender Justice Beyond the Tribunals: From Criminal Accountability to Transformative Justice." AJIL Unbound 110 (2016): 227–33. http://dx.doi.org/10.1017/s2398772300009077.

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What are the legacies for gender justice of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)? Darryl Robinson and Gillian MacNeil in this symposium describe the modernization of the law on sexual violence as a key legacy of the ad hoc international criminal tribunals. However, this characterization does not capture the wider challenges that gender based crimes have raised for the Tribunals, including other legacies of gendered hierarchiesand inequalities.How, then, is it possible to move past these issues to build international criminal justice so that it transforms, rather than reproduces, gendered injustices?
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Dissertations / Theses on the topic "International Criminal Tribunals for Former Yugoslavia and Rwanda"

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Abdulhafidh, Ali. "Elements of crimes against humanity in the recent case law of the International Criminal Tribunals for the former Yugoslavia and Rwanda." Thesis, University of East Anglia, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539345.

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This thesis will try to explore general and specific elements of crimes against humanity under the recent case law of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The general elements of crimes against humanity will be discussed in Part 2 of this thesis, and Part 3 discusses the specific elements of the enumerated acts: murder, extermination, enslavement, deportation, imprisonment, torture, rape, persecution, and other inhumane acts. Before these, this thesis, in Part I, traces the history of crimes against humanity, which began before the Nuremberg Charter and has continued up to the present time. Finally this thesis concludes that all that is required under the recent case law is that crimes against humanity must be committed as part of a widespread or systematic attack directed against any civilian population, together with knowledge of that attack. This thesis also concludes that each and every inhumane act has specific elements which must be proved in order for it to be described as a crime against humanity.
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Hailegebriel, Debebe. "Prosecution of genocide at international and national courts: a comparative analysis of approaches by ICTY/ICTR and Ethiopia/Rwanda." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1072.

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"This paper deals with the prosecution of a crime of crimes, genocide, at international and national levels. The international community has shown interest in penalizing perpetrators of gross human rights violations since the Nuremberg trial, and then the adoption of the 1948 UN Genocide Convention. After these times, significant numbers of international tribunals, although at an ad hoc level, have been established to punish gross violations of human rights including the crime of genocide. Along with these tribunals, quite a number of national courts have engaged in the prosecution of genocide. Nevertheless, due to legal and practical problems, the two legal systems are adopting different approaches to handle the matter, although the crime is one and the same. Therefore, the objective of this paper is to assess critically where the difference lies, the cause and impact of the disparity on the rights of the accused to fair trial. Moreover, the study will posit some recommendations that might assist to ameliorate this intermittent situation." -- Synopsis. "This work consists of five chapters. Chapter one is addressing the general introduction of the work, and it has already been discussed. Chapter two deals with the crime of genocide and its criminal responsibility as indicated under different national and international laws. The third chapter is devoted to focus on the right to fair trial and the prosecution of genocide, and specifically addresses the issues of the right to legal assistance, speedy trial, obtain and examine evidence, and sentencing. In chapter four the role of the Rome Statue in protecting the rights of the accused, its impact on on national laws, the complementarities of the International Criminal Court and national courts will be discussed. Finally, the work will come to an end by giving concluding remarks and recommendations under the fifth chapter." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2003.
Prepared under the supervision of Dr. Henry Onoria at the Faculty of Law, Makerere University, Kampala
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Sardachti, Marie-Jeanne. "La preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales." Thesis, Paris 11, 2011. http://www.theses.fr/2011PA111014.

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La présente thèse a pour objet l’étude de la relation entre la preuve et la responsabilité pénale des supérieurs hiérarchiques devant les juridictions pénales internationales. Ces juridictions sont chargées de juger les responsables des crimes de masse. La question est donc de savoir comment elles procèdent, sur quelles preuves elles se basent et quel mode de participation est le plus adapté pour juger ces responsables
This thesis deals with the study of the relationship between evidence and criminal responsibility of high ranking officers before international criminal courts. These courts judge the persons responsible for having committed mass crimes. The question is how they proceed, on which evidence they rely and which mode of participation is the most adequate to do so
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Pia, Christina Kalus. "Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1824_1373278492.

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This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of 
the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central 
 
question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of 
women&rsquo
s lives in post-conflict societies.

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Weski, Emelie. "Law+Impunity=Legitimacy? Rethinking liberal legitimacy of international law with a feminist critical approach." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23954.

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In here, the criminalization of sexual violence is a manifestation of increased recognition of feminism, and proof of international law reaching at liberal criteria for legitimization. Though, in making conclusions other necessary criteria for fully recognized legitimacy are acknowledged (such as other types of rights, types of security and other levels for analysis). Though, from a strict feminist critical approach the criminalization of sexual violence, and the extent of such criminalization can by itself prove legitimacy or illegitimacy.The criminalizing of sexual violence took place over 100 years ago, yet the systematic use of it in warfare was not publicly condemned until the ICTR (International Criminal Tribunal of Rwanda) and the ICTY (International Criminal Tribunal of former Yugoslavia) (Buss, 2009, p. 356) took on the duty to prosecute and convict. Still today women’s security and sexual violence are research fields that awake a lot of hostile emotions.Findings show that there is few, if any, affects for those tribunals that fail to bring justice to rape victims; calling for an analysis of Walzer’s political fit. The international praxis of impunity supports feminism in an existing ‘male truth’ risking the security of women. The legitimacy of the institution of international law is, however, not dependent on one legal procedure.Liberalist and feminist different interpretations of adequate necessity to create peace frame after 15 224 words a utilitarian illusion which slows down the pace of the implementation of a feminist security agenda. However, the progress is still evidence of strife towards the Kantian society of states. An inconsistent moral consensus finally results in the conclusion that this thesis cannot confirm the institution of international law illegitimate, arguably validating legitimacy.
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Devouèze, Nelly. "Le droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D008.

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Le droit international pénal est né de l'engagement de la responsabilité pénale individuelle des principaux criminels de la Seconde guerre mondiale. Aux Tribunaux de Nuremberg et de Tokyo, ont succédé dans les années 1990 les deux juridictions ad hoc pour l'ex-Yougoslavie et le Rwanda, créées par le Conseil de sécurité des Nations Unies, avant l'avènement d'une juridiction indépendante, permanente et à vocation universelle en 1998 : la Cour pénale internationale. Parmi les actes sous-jacents constitutifs de crimes de guerre, de crimes contre l'humanité et de génocide, une constante apparaît : l'intégrité physique et mentale. En l'absence de définition uniforme dans les systèmes juridiques nationaux, cette notion se définit sur la base des dispositions statutaires et se précise grâce à la jurisprudence des juridictions internationales pénales. Érigeant un véritable droit à l'intégrité physique et mentale en matière de génocide et de crimes de guerre, la jurisprudence des Tribunaux ad hoc utilise également la notion pour compléter la liste des actes sous-jacents constitutifs de crimes contre l'humanité et définir d'autres infractions. Les Chambres vont même jusqu'à protéger cette intégrité en dehors de toute incrimination. Car au-delà de l'intégrité physique et mentale des victimes se pose la question de l'intégrité physique et mentale des autres acteurs impliqués dans les conflits et les procès : soldats et personnel humanitaire, témoins, accusés.L'étude du droit à l'intégrité physique et mentale dans la jurisprudence internationale pénale permet de constater l'émergence d'un droit inconnu des systèmes juridiques nationaux en tant que tel. Ce droit soulève des questions de sécurité juridique tout en démontrant l'autonomie du droit international pénal
The roots of international criminal law may be found in the individual criminal liability of the major criminals of the Second World War. The Nuremberg and Tokyo International Military Tribunals were followed in the 1990's by the two ad hoc Tribunals for Former Yugoslavia and Rwanda, created by the United Nations Security Council, and then in 1998 by an independant and permanent tribunal with a universal vocation : the International Criminal Court. Among the underlying acts of war crimes, crimes against humanity and genocide, a leitmotif stands out : physical and mental integrity. Without a uniform definition in national legal systems, this notion is defined on the basis of statutory provisions and becomes clear in the international criminal tribunals' case law. Establishing an autonomous right to physical and mental integrity in terms of genocide and war crimes, the case law of ad hoc tribunals alsouses the notion to complete the liste of underlying acts of crimes against humanity and to define some other crimes. Chambers are also protecting this integrity without any incrimination. Because beyond physical and mental integrity of victimes, arises the question of the physical and mental integrity of other actors of conflicts and proceedings : soldiers, humanitarian workers, witnesses and accused.Studying the right to physical and mental integrity in international criminal case law uncovers the emergence of a right unknown to national legal systems as such. This right raises questions of legal certainty as much as demonstrates the autonomy of international criminal law
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Williams, Meagan. "Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution." Thesis, University of North Texas, 2008. https://digital.library.unt.edu/ark:/67531/metadc9721/.

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The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.
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Kinama, Emily Nyiva. "Post conflict prosecution of gender-based violence : a comparative analysis of the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the Special Court for Sierra Leone (SCSL)." Diss., 2011. http://hdl.handle.net/2263/26283.

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Gender-based violence (GBV) has been used as a tool of instilling fear, hatred and persecution during conflict situations. It is a fact that GBV takes place pre-conflict situations. Moreover, conflicts and wars only accelerate the rate at which GBV is committed. In the 1990s and early 2000s, there was conflict in the Former Yugoslavia, Rwanda and Sierra Leone. These conflicts went down in history as conflicts where horrendous crimes were committed. As a result of the atrocities committed and the magnitude of victims, the international community with the assistance of the United Nations formed the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone. These international tribunals were given the task of prosecuting the perpetrators of these crimes. Prior to the formation of these tribunals, the international community had experienced other wars whereby international tribunals were also formed to deal with the atrocities committed. However, this research only aims at comparatively analysing the ICTY, TCTR and the SCSL because these new tribunals were the first in experiencing the development of the prosecution of GBV. The former international tribunals did not effectively deal with gendered crimes therefore there was no precedent set in international law regarding the prosecutions of these crimes. The conflicts that occurred in the Former Yugoslavia, Rwanda and Sierra Leone also saw the introduction of more brutal forms of GBV. These forms of GBV that developed forced the tribunals to change the way they prosecuted gender-based crimes because the nature and the magnitude at which the crimes were committed was massive. Forms of GBV that were earlier recognised such as rape and sexual violence were now being used as a means through which the perpetrators committed war crimes, crimes against humanity and genocide. The comparative analysis between the ICTR, the ICTY and the SCSL also aims at showing how the different challenges and hurdles that these courts faced when prosecuting these crimes. The pitfalls that the tribunals experienced at the pre-trial phase are also investigated and critically analysed with the aim of drawing lessons about mistakes that should not be repeated in newer international tribunals. A comparative analysis will also be done on the different precedents that were set by the cases that were heard in these tribunals with the aim of showing how these tribunals have indeed contributed to the development of the prosecution of these types of crimes. Finally, recommendations will be made regarding how future international tribunals better deal with these crimes. The research paper also aims at creating awareness that these types of crimes must be treated differently and with caution because the effects that the victims suffer from last way after the conflicts and trials are over. Lessons must be carried from past prosecutions in order to correct and better improve the way in which the prosecutions are carried out and also the way in which the different victims are treated even after the prosecutions have been completed.
Dissertation (LLM)--University of Pretoria, 2011.
Public Law
unrestricted
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Wakefield, Lorenzo Mark. "Exploring the differences and similarities in sexual violence as forms of genocide and crimes against humanity." Thesis, 2009. http://hdl.handle.net/11394/3343.

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Magister Legum - LLM
Even though sexual violence has always been a part and parcel of conflicts and atrocities throughout the ages, it never found any interpretation by subsequent tribunals who were responsible for prosecuting offenders.The case of The Prosecutor v Jean-Paul Akayesu was the first of its kind to give jurisprudential recognition and interpretation to sexual violence as war crimes, crimes against humanity and genocide respectively. This case was important for the following reasons:1. It acknowledged that sexual violence can amount to an act of genocide; 2. It acknowledged that sexual violence can amount to a crime against humanity; and 3. It was the first case to define rape within an international context.Following the case of The Prosecutor v Jean-Paul Akayesu many tribunals gave recognition to the extent of which sexual violence takes place during atrocities by correctly convicting accused for either participating in sexual violence or aiding and abetting to sexual violence. Amidst the various interpretations on what constitutes sexual violence and how it is defined, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone all either conceptualised sexual violence as genocide, war crimes or/ and crimes against humanity.At the same time, the development of sexual violence as either a crime against humanity or a war crime did not end with the courts. The case of The Prosecutor v Jean-Paul Akayesu sparked a fire in the international community, which led to it paying more attention to the place of sexual violence in treaty law. Taking into account that rape is listed as a crime against humanity in both the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda statutes, the Special Court for Sierra Leone and the International Criminal Court statutes both list more than one form of sexual violence as a crime against humanity. It is interesting to note that the latter two treaty developments took place only after the International Criminal Tribunal conceptualised sexual violence as a crime against humanity.Thus apart from merely listing rape as a crime against humanity, the Statute establishing the Special Court for Sierra Leone, states in article 2(g) that sexual slavery, enforced prostitution, forced pregnancy and any other form of sexual violence constitutes a crime against humanity. The Statute establishing the International Criminal Court states in article 7(1)(g) that rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity constitutes a crime against humanity. The interpretation of these acts is further guided by the ‘Elements of Crimes’ which are annexed to the International Criminal Court statute.Once again it is interesting to note that the ‘Elements of Crimes’ for these acts are similar to how the International Criminal Tribunals (both the former Yugoslavia and Rwanda tribunals) conceptualised various acts of sexual violence.On the other hand, the definition of genocide remained the same as it was defined in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. This definition does not expressly mention any form of sexual violence as a form of genocide.However, once again, the trial chamber in the case of The Prosecutor v Jean-Paul Akayesu set the benchmark for sexual violence to constitute a form of genocide by way of interpretation. The definition of genocide did not subsequently change in the Statute establishing the International Criminal Court.Based on these premises, this thesis attempts to investigate the similarities and differences in sexual violence as a form of both genocide and a crime against humanity,by addressing the following question:What are the essential and practical differences between sexual violence as crimes against humanity and genocide and what is the legal effect of the differences, should there be any? Chapter 1 highlights the historical overview and developments of sexual violence as genocide and crimes against humanity, while chapter 2 investigates how sexual violence can amount to a form of genocide. Chapter 3 assesses the advances made in sexual violence as a crime against humanity, while chapter 4 importantly draws a comparative analysis between sexual violence as genocide and a crime against humanity. Chapter 4 draws this comparison by weighing up four differences and four similarities in sexual violence as genocide and a crime against humanity.Chapter 5 highlights the conclusion and provides an answer for the research question that is posed above. Here it is concluded that even though there exist multiple differences in sexual violence as crimes against humanity and genocide, there are also multiple similarities which could possibly amount to a better chance for conviction of an accused under a crime against humanity than genocide. Chapter 5 also provide possible recommendations for the consequences that might flow should sexual violence as a crime against humanity be fairly similar to sexual violence as genocide.
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Machado, Mariana Seabra. "Formas de comparticipação no Direito Penal Internacional : cumplicidade no crime de genocídio." Master's thesis, 2012. http://hdl.handle.net/10400.14/9684.

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A cumplicidade no crime de Genocídio é um tema que provoca alguma controvérsia no seio da Comunidade Internacional. Saber se cumplicidade no Genocídio é um crime autónomo, ou uma forma de participação na atividade criminal, ou, por último, uma redundância ou sobreposição com a norma geral da ajuda e auxílio, continua a não criar consensos entre a doutrina e a jurisprudência internacionais. Neste sentido, tentar-se-á manifestar as diferentes opiniões e conclusões, a propósito. O tema trazido a discussão permitirá dissertar acerca de uma das questões mais importantes no direito penal internacional e que ainda continua sem resposta definitiva
Complicity in Genocide is an issue which raises some controversy within the International Community. To know whether complicity in Genocide is a separate crime, or a way of participation in criminal activity, or at last redundancy or overlap with the broad (general) standard of aiding and abetting, still continues not to reach consensus between the commentators and the international jurisprudence. In this sense, I will try to express the different opinions and conclusions, related to this subject. The topic brought to discussion will allow to dissert about one of the most important questions concerning international criminal law and which still remains without a definitive answer
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Books on the topic "International Criminal Tribunals for Former Yugoslavia and Rwanda"

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John R. W. D. Jones. The practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. 2nd ed. Ardsley, NY: Transnational Publishers, 2000.

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The practice of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Irvington-on-Hudson, NY: Transnational, 1998.

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Ackerman, John. Practice and procedure of the International Criminal Tribunal for the Former Yugoslavia: With selected materials from the International Criminal Tribunal for Rwanda. The Hague: Kluwer Law International, 2000.

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4

Implementing international humanitarian law: From the ad hoc tribunals to a permanent International Criminal Court. London: F. Cass, 2004.

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5

Developments in customary international law: Theory and the practice of the International Court of Justice and the international ad hoc criminal tribunals for Rwanda and Yugoslavia. Boston: Martinus Nijhoff Publishers, 2010.

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6

John R. W. D. Jones. International criminal practice: The International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, the East Timor Special Panel for Serious Crimes, war crimes prosecutions in Kosovo. 3rd ed. Ardsley, NY: Transnational, 2003.

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John R. W. D. Jones. International criminal practice: The International Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, the East Timor Special Panel for Serious Crimes, war crimes prosecutions in Kosovo. Ardsley, NY: Transnational Publishers, 2003.

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8

Schiff, Benjamin N. Building the international criminal court. Cambridge: Cambridge University Press, 2008.

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The limits of the law: Sentencing perpetrators of atrocious crime. Nijmegen, The Netherlands: Wolf Legal Publishers, 2011.

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Lindemann, Lena. Referral of cases from international to national criminal jurisdictions: Transferring cases from the ICTY and the ICTR to national jurisdictions. Baden-Baden: Nomos, 2013.

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Book chapters on the topic "International Criminal Tribunals for Former Yugoslavia and Rwanda"

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Girelli, Giada. "International Criminal Justice Revisited: The Ad Hoc Tribunals for the Former Yugoslavia and Rwanda." In Understanding Transitional Justice, 149–70. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-53606-4_7.

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De Cesari, Patrizia. "NGOs and the Activities of the Ad Hoc Criminal Tribunals for Former Yugoslavia and Rwanda." In Civil Society, International Courts and Compliance Bodies, 113–19. The Hague: T.M.C. Asser Press, 2005. http://dx.doi.org/10.1007/978-90-6704-463-9_9.

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Beigbeder, Yves. "The International Criminal Tribunal for the Former Yugoslavia." In International Criminal Tribunals, 51–84. London: Palgrave Macmillan UK, 2011. http://dx.doi.org/10.1057/9780230305052_3.

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Grover, Sonja C. "The International Ad Hoc Criminal Courts of Rwanda and the Territory of the Former Yugoslavia." In Prosecuting International Crimes and Human Rights Abuses Committed Against Children, 55–68. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-00518-3_3.

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Nieto-Navia, Rafael. "INTRODUCTORY NOTE." In The Global Community Yearbook of International Law and Jurisprudence 2019, 477–82. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.003.0022.

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The International Residual Mechanism for Criminal Tribunals was established by the UN Security Council through Resolution 1966 on 22 December 2010. However, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Tribunal for Rwanda continued their operations until they completed their mandate. They formally closed on 31 December 2017 and 31 December of 2015, respectively. This Introductory Note refers exclusively to the work formerly carried out by the ICTY.
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Roper, Steven D., and Lilian A. Barria. "History in the Making: The International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda." In Designing Criminal Tribunals, 17–28. Routledge, 2017. http://dx.doi.org/10.4324/9781351160124-2.

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Roper, Steven D., and Lilian A. Barria. "The Completion Strategy for the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda." In Designing Criminal Tribunals, 71–81. Routledge, 2017. http://dx.doi.org/10.4324/9781351160124-6.

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"The Crimes of Sexual Violence in the Jurisprudence of International Criminal Tribunals." In Sexual Violence and Effective Redress for Victims in Post-Conflict Situations, 19–56. IGI Global, 2019. http://dx.doi.org/10.4018/978-1-5225-8194-9.ch002.

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This chapter concerns itself with strides made in defining and conceptualising sexual violence as crimes in international criminal law. The analysis presented in this chapter demonstrates that, after a long period of neglect of these crimes, wartime sexual violence appears to have gained recognition and firmly established as crimes in international criminal law. The author evidences the considerable contribution of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) to the current shift in thinking of international law regarding conflict-related sexual violence. Significantly, the author argues that the explicit criminalisation of different forms of sexual violence by the Rome Statute is a critical step forward in this regard. However, the analysis finally highlights continuing challenges in the prosecution of these crimes before international criminal tribunals.
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Cryer, Robert. "24. International Criminal Law." In International Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198791836.003.0024.

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This chapter examines the material and mental aspects of four offences that are directly criminalized by international law: genocide, crimes against humanity, war crimes, and aggression. The discussions also cover some of the general principles of liability and defences that are of particular relevance to international crimes. Firstly, joint criminal enterprise, co-perpetration, command responsibility, and the defence of obedience to superior orders are considered. The chapter then looks at international and national prosecution of international crimes, including the Nuremberg and Tokyo Trials, the International Criminal Tribunals for former Yugoslavia and Rwanda, and the International Criminal Court. As prosecution is not the only, or predominant, response to international crimes, the chapter concludes with a discussion of alternatives and complements to prosecution, such as amnesties, and truth and reconciliation commissions.
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Sellers, Patricia Viseur, and Louise Chappell. "Lessons Lived in Gender and International Criminal Law." In New Directions in Women, Peace and Security, 111–22. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529207743.003.0007.

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Accountability for gender-based crimes has been discussed as an important feature of the Women, Peace and Security Agenda. However, too often there has been a significant gap between the ideal of such accountability and its operation. This has been demonstrated over the past decade or so in the operations of the International Criminal Court and other tribunals such as that for conflicts in the former Yugoslavia, Rwanda, Sierra Leone. Interviewing Patricia V. Sellers, leading International Criminal Law Prosecutor and Special Adviser on Gendering the Office of the Prosecutor, ICC this contribution canvasses the challenges of and lessons learned about achieving accountability for gender crimes through international criminal tribunals, the steps forward towards new accountability practices and strategies and for strengthening the relationship between these tribunals and the broader international WPS agenda.
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