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The Making of International Criminal JusticeThe View from the Bench: Selected Speeches$
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Theodor Meron

Print publication date: 2011

Print ISBN-13: 9780199608935

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199608935.001.0001

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The Protection of Civilians in the Jurisprudence of the ICTY and ICTR

The Protection of Civilians in the Jurisprudence of the ICTY and ICTR

(p.199) 18 The Protection of Civilians in the Jurisprudence of the ICTY and ICTR
The Making of International Criminal Justice

Theodor Meron

Oxford University Press

This chapter discusses the jurisprudence concerning the protection of civilians of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. It begins by offering some preliminary remarks on the underlying bases of that protection, and also on the Tribunals' general jurisprudence. It then discusses the protection of civilians in the context of Tribunal jurisprudence concerning both crimes against humanity and war crimes — focusing especially on the definitions of the terms ‘civilian’ and ‘civilian population’ with regard to crimes against humanity — and the parameters of specific crimes explicitly directed against a civilian population, especially the war crime of terror. Finally, it offers some concluding thoughts on the application of the norms established and clarified by the Tribunals' jurisprudence.

Keywords:   former Yugoslavia, Rwanda, international criminal tribunals, jurisprudence, civilian protection, crimes against humanity, war crimes

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