The experience of the International Criminal Tribunals for the former Yugoslavia and for Rwanda

Tavernier, Paul

doi:10.1017/s0020860400077718

Cited by 10 publications

(2 citation statements)

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“…Очевидним є, що політичні й ідеологічні цілі трибуналів ad hoc продемонстрували "пріоритет імперативу підтримання миру перед імперативами права і правосуддя" [37]. Проте, не дивлячись на тривалі спори відносно правової цінності заснування трибуналів, не викликає сумніву значущість їхнього внеску в розвиток концепції міжнародно-правового злочину [13, с.…”

Section: виклад основного матеріалуunclassified

The "Hague" Modification of the International Crime Concept

Popko

2021

BulKNULS

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The article analyses the development of the concept of international crime in the "Hague" period, which covers the last decades of the last century and is closely related to the establishment of ad hoc international tribunals in the former Yugoslavia and Rwanda. The article reveals the legal grounds for the establishment of these tribunals, the features of their activities, jurisdiction and principles of responsibility of persons who committed crimes in the former Yugoslavia and Rwanda. The establishment of international justice bodies by UN Security Council decisions has provoked a number of debates about their legitimacy, but it is undeniable that the activities of ad hoc international tribunals have contributed to the initiation of a new stage in the development of international criminal justice, further development of international criminal law, in particular in the development of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court. All types of tribunal jurisdictions are disclosed, but special attention is paid to the substantive and personal jurisdictions of tribunals, which became the basis for the theoretical justification of the "Hague" modification of international crime, as well as the practical implementation of this concept in tribunal decisions. It is shown that the categories of international crimes that constitute the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia (serious violations of the Geneva Conventions, violations of the laws or customs of war, genocide and crimes against humanity) and the categories of crimes defined in the Statute of the International Tribunal for Rwanda against humanity and violations of the Geneva Conventions) in the documents of the tribunals have been developed in comparison with the Nuremberg and post-Nuremberg periods. ~ 74 ~ ВІСНИК Київського національного університету імені Тараса Шевченка ISSN 1728-3817 It is shown that the substantive jurisdiction of the ICTY and the ICC does not coincide with the provisions of the Nuremberg and Tokyo tribunals. The differences relate to the list of categories of crimes; parallel jurisdiction of international ad hoc tribunals and national courts; extending the competence of ad hoc tribunals to cases of crimes committed both during wars between states and during internal armed conflict, etc. The content of the categories of crimes, their composition, the subjects of responsibility have been clarified. In particular, the characteristic features of the crime of genocide and crimes against humanity are identified; the conditions, elements and subjects for the recognition of their qualifications are indicated. The author pays attention to the principles of personal jurisdiction, shows that in the decisions of international tribunals ad hoc has developed the principle of individual responsibility for international crimes that constitute substantive jurisdiction. The application of the principle of universal jurisdiction in the activity of tribunals is revealed. The author concludes that the establishment of ad hoc international criminal tribunals and their activities has contributed to the development of the concept of international crime and the separation of a special "Hague" modification. Keywords: international crime, tribunal, "Hague" modification, international justice, jurisdiction, criminal liability

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Section: виклад основного матеріалуunclassified

The "Hague" Modification of the International Crime Concept

Popko

2021

BulKNULS

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“…22 Notably, the International Law Commission was unable to establish an international judicial body to try individuals charged with genocide after the adoption of the Convention on Prevention and Punishment of the Crime of Genocide in 1948; see Bassiouni 1999. 25 The Security Council can take action under Chapter VII of the UN Charter where there is a threat to international peace; the link between the establishment of a tribunal and the Security Council's objective has not always been clear; see Tavernier 1997. 24 See Barria and Roper 2005.…”

Section: The Establishment Of the Extraordinary Chambers Of The Courtmentioning

confidence: 99%