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Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status

Authored by: Kelly D. Askin

Categories: Statebuilding
Sub-Categories: International Law, Political Transitions, Transitional Justice
Country: Former Yugoslavia, Rwanda
Region: Europe and Eurasia, Sub-Saharan Africa
Year: 1999
Citation: Askin, Kelly D. "Sexual Violence in Decisions and Indictments of the Yugoslav and Rwandan Tribunals: Current Status." American Journal of International Law 93, no. 1 (1999): 97-123.

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Executive Summary

The International Criminal Tribunal for the former Yugoslavia (ICTY) was established in 1993 to prosecute war crimes committed during the Yugoslav conflict; the International Criminal Tribunal for Rwanda (ICTR) was established in 1994 to prosecute war crimes committed during the Rwandan civil war. The Yugoslav Tribunal has the competence to try alleged offenders for crimes enumerated in Articles 2-5 of its Statute, namely, grave breaches of the 1949 Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. Similarly, the Rwandan Statute accords the Tribunal authority to try defendants for crimes enunciated in Articles 2-4, namely, genocide, crimes against humanity, and violations of common Article 3 of the Geneva Conventions and of Additional Protocol II. Article 7, paragraphs (1) and (3) of the ICTY Statute and Article 6, paragraphs (1) and (3) of the ICTR Statute grant jurisdiction to these ad hoc Tribunals to try the accused for individual criminal responsibility on the bases of individual culpability and superior authority.