The international criminal tribunal for the former yugoslavia – towards a more just order?

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  • Publicado : 29 de noviembre de 2011
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International Criminal Tribunal for Rwanda
“The ICTR was established by the Security Council acting under Chapter VII of the Charter of the United Nations, the International Criminal Tribunal forthe Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens responsible for genocideand other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994 shall function in accordance with the provisions of the present Statute” (ICTRStatute).
In 1995 it became located in Arusha, Tanzania, under Resolution 977. In 1998 the operation of the Tribunal was expanded in Resolution 1165. Through several resolutions, the SecurityCouncil called on the Tribunal to complete its investigations by end of 2004, complete all trial activities by end of 2008, and complete all work in 2012.
The tribunal has jurisdiction over crimes suchas, defined under as violations of Common Article Three and Additional Protocol II of the Geneva Conventions:
* Genocide
* Crimes against humanity
* War crimes
The ICTR has jurisdictionover and its law applies as the following:
Natural persons who have planned, instigated, ordered and/or committed a crime shall be individually responsible for the crime. The official position ofany accused person shall not relieve such person of criminal responsibility nor mitigate punishment. Any crime committed by a subordinate does not relieve his or her superior of criminalresponsibility. The fact that an accused person acted pursuant to an order of a Government shall not relieve him or her of criminal responsibility, but may be considered in mitigation of punishment.
Theterritorial jurisdiction of the International Tribunal for Rwanda will include the territory of Rwanda as well as to the territory of neighbouring States in respect of serious violations of international...
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