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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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War Crimes in the Statutes of the ad hoc Tribunals

War Crimes in the Statutes of the ad hoc Tribunals

(p.23) 5 War Crimes in the Statutes of the ad hoc Tribunals
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

A war crime, for the purpose of the ad hoc tribunals created for the former Yugoslavia and Rwanda (the International Criminal 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 International Criminal Tribunal for Rwanda (ICTR)), consists in a serious violation of the laws or customs of war entailing individual criminal responsibility. Within that general framework, the statutes of the tribunals contain a list of war crimes over which the tribunals may in principle exercise their jurisdictions. Whereas the subject-matter jurisdiction of both ad hoc tribunals is almost identical in relation to crimes against humanity and genocide, their respective jurisdictional framework has been cast quite differently in relation to war crimes.

Keywords:   war crimes, statutes, crimes against humanity, genocide, jurisdiction

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