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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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Other Serious Violations of the Laws or Customs of War: Underlying Offences

Other Serious Violations of the Laws or Customs of War: Underlying Offences

Chapter:
(p.91) 8 Other Serious Violations of the Laws or Customs of War: Underlying Offences
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0008

The statutes of the ad hoc tribunals created for the former Yugoslavia and Rwanda expressly stipulate a number of specific violations of the laws or customs of war which may form the basis of a conviction if the chapeau elements mentioned in the preceding chapter, and the constitutive elements of the offence charged, are all proved. In addition, the ad hoc tribunals have sanctioned the recognition of a number of war crimes which, although not expressly mentioned in the statutes, were said to have been provided implicitly in the statutes and to have been recognised as crimes under international law at the relevant time. All of those underlying offences (listed or unlisted) seem to constitute war crimes whether committed in the context of an international armed conflict or in the context of an internal one. These underlying offences include plunder of public or private property and pillage, violence to life and person, collective punishment, taking of hostages, acts of terrorism, outrages upon personal dignity, torture, and slavery.

Keywords:   war crimes, statutes, customs of war, violations, international law, terrorism, slavery

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