Crimes against humanity: practice of International Criminal Tribunal for the Former Yugoslavia
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
The article examines the decisions of the Trial and Appeal Chambers of the International Criminal Tribunal for the former Yugoslavia concerning crimes against humanity. The elements of these crimes are analyzed according to the statute of the tribunal and based on an analysis of its practice. The definition of crimes against humanity is described as “when committed in armed conflict, whether international or internal in character, and directed against any civilian population”. Special attention is paid to the characteristics of crimes against humanity, namely: orientation against the civilian population, organization and systematic or massiveness of actions. Main attention is focused on the types of crimes against humanity under the Article 5 of the Statute, namely: murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; other inhumane acts. After analyzing numerous judgements, it can be concluded that ICTY has made a rich contribution to the development of international humanitarian law, in particular with respect to non-international armed conflict, and has filled legal gaps regarding definitions of international crimes, in particular crimes against humanity. The Tribunal has identified a general prohibition of torture in international law which cannot be derogated from by a treaty, internal law or otherwise. It was determined that enslavement and persecution constitute crimes against humanity. The Tribunal’s work and achievements have inspired the creation of other international criminal courts, including the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone and the International Criminal Court.
Authors and Affiliations
А. А. ГРИНЧАК
Keywords
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