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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 21 January 2022

The Person of the Perpetrator: Who Can Commit an International Crime?

The Person of the Perpetrator: Who Can Commit an International Crime?

Chapter:
(p.272) 19 The Person of the Perpetrator: Who Can Commit an International Crime?
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0019

In principle, anyone can commit a war crime, a crime against humanity, or a genocidal offence. Pursuant to Article 1 of both statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, the tribunals’ jurisdiction ratione personae is also determined by the gravity of the alleged violation of international humanitarian law. In principle, individuals may be indicted (and held criminally responsible if found guilty) regardless of their exact role in the commission of the crime as long as their contribution to the crime meets the above jurisdictional requirement of gravity and that it falls within one of the forms of criminal participation provided for in the statutes. The only relevant consideration to assign individual criminal responsibility is whether the accused, private individual, or state official, took part in one of the crimes covered by the statute, in one of the forms provided for in Articles 6(1) and 6(3) of the statute of the Rwanda tribunal or Articles 7(1) and 7(3) of the statute of the Yugoslav tribunal.

Keywords:   statutes, criminal participation, international crimes, jurisdiction, ratione personae

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