Atrocity crime

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An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. [1] Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law. [2]

Contents

Crimes of aggression are considered by some to be mass atrocity crimes and they are included in the jurisdiction of the International Criminal Court. However, most legal scholars do not consider them to be mass atrocity crimes. [3] While it is certainly a grave violation of international law and frequently the context in which mass atrocity crimes are committed, the crime of aggression is distinguishable because it is an attack on the territory, sovereignty, or political independence of a state rather than on individuals. [4]

The primary international laws defining mass atrocity crimes are the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, [5] the 1949 Geneva Conventions and their 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. The jurisprudence of the International Criminal Court, ad hoc international criminal tribunals, and the International Court of Justice further define and enforce these laws.

Crimes against humanity

The term "crimes against humanity" has been applied to a wide range of acts and is often seen as broader than the other three mass atrocity crimes. While crimes against humanity can include many acts that also constitute war crimes, genocide, or ethnic cleansing, it bears distinguishing characteristics. Unlike war crimes, crimes against humanity may be committed in times of war or peace and can only be committed against civilian populations. [6] Unlike genocide, the acts need not be targeted against a specific group. [6]

Crimes against humanity have not been codified under a dedicated international treaty. The International Law Commission recently submitted a draft convention to the United Nations General Assembly that would include provisions prohibiting, punishing, and defining crimes against humanity. [7] [8] Despite not being the subject of a dedicated treaty, the prohibition against crimes against humanity is considered customary international law and an established norm, meaning it is binding on all states without exception. [9]

The term has a long history of use both in political and legal contexts. Crimes against humanity, and similar terms, were used in the 18th century and early 19th century to describe slavery and atrocities committed as part of colonialism. [9] Its first formal use in international law was a 1915 declaration condemning the massacre of Armenians by the Turkish government. [10] Since then the term has been used and defined in similar, but variant ways by the Nuremberg Tribunal, Tokyo Tribunal, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, and International Criminal Court. [10]

The Rome Statute reflects the latest consensus of the international community on the definition of crimes against humanity. [9] The statute did not limit the definition to acts occurring in times of armed conflict, included a wider range of sexual violence as prohibited acts, and expanded the grounds on which persecution can be committed. [11] The statute defines crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: [12]

(a) Murder.
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender...or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Genocide

At its most essential, "genocide" is acts committed with the intent to destroy a particular group. [13] This destruction may be achieved by both fatal and non-fatal acts, ranging from slavery to rape and from mass killings to forced sterilizations. [14] Like crimes against humanity, genocide can occur in times of peace or war. [15] Genocide is characterized, in large part, by its specific intent requirement. [16] While many of the constitutive acts of genocide are captured by the other atrocity crimes, and in fact were tried under crimes against humanity in the Nuremberg trials, [17] modern conceptions note that the targeting of a protected group for destruction is unique to genocide. [18]

Like crimes against humanity, the prohibition of genocide is customary international law and an established norm, meaning it is binding on all states without exception. In addition, it has been codified and included in the jurisdiction of several international adjudicatory bodies, including the International Criminal Tribunal for the former Yugoslavia, [19] International Criminal Tribunal for Rwanda, [20] and the International Criminal Court. [21] In 1948, the United Nations General Assembly adopted the Convention on the Prevention and Punishment of Genocide (also known as the Genocide Convention), a dedicated treaty establishing multilateral obligations to act in the face of genocide. [22]

Article II of the Genocide Convention defines genocide as "...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group": [5]

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

War crimes

War crimes are serious violations of the laws and customs governing armed conflict. [23] The definition has evolved over time to include actions that occur not just in war between states, but also internal armed conflicts. [24] War crimes run parallel to international humanitarian law — both contained primarily in the Geneva Conventions. International humanitarian law encompasses a wide range of treatment that different categories of only protected persons are entitled to, such as the humane treatment of enemy civilians under belligerent military occupations and non-discriminatory medical care for the wounded and sick [25] or minimum conditions of detention for prisoners of war. [26] Conversely, acts that rise to the level of war crimes are those with a particularly grave effect on persons, objects, and important values that give rise to criminal responsibility. [23]

Customs governing armed conflict date back centuries, but the development and codification of the modern concept of war crimes began in the late 19th century with the drafting of The Hague Conventions defining restrictions on methods of warfare. [27] The Geneva Conventions that emerged after World War II, as well as the Additional Protocols, provide the most robust framing of the laws of armed conflict. [27] In addition, the definition and interpretation of war crimes were developed by the Nuremberg and Tokyo tribunals, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, and the International Criminal Court. Like crimes against humanity and genocide, it is also customary international law. [23]

While no one document codifies all war crimes, the Rome Statute is the most recent consensus. [27] It defines war crimes as "grave breaches of the Geneva Conventions" and lists "any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention"

  1. Willful killing, or causing great suffering or serious injury to body or health
  2. Torture or inhumane treatment
  3. Unlawful wanton destruction or appropriation of property
  4. Forcing a prisoner of war to serve in the forces of a hostile power
  5. Depriving a prisoner of war of a fair trial
  6. Unlawful deportation, confinement or population transfer|transfer
  7. Taking hostages

The United Nations Framework of Analysis for Atrocity Crimes recognizes that the 1949 Geneva Conference protects four groups of people in armed conflict: [1]

  1. The wounded and sick in armed forces in the field
  2. The wounded, sick, and shipwrecked members of armed forces at sea
  3. Prisoners of war
  4. Civilian persons

The 1977 Additional Protocols of the Geneva Conventions added more protected groups, including women, children, civilian medical personnel, and journalists. [28]

Ethnic cleansing

The term "ethnic cleansing" encompasses a broad range of unlawful actions with the intent of removing a group from a specific area. [2] This may be done through non-violent acts, such as administrative regulations on movement and preventing access to medical care, education, or humanitarian aid. [29] It can also be carried out through harassment and threats. [29] Finally, ethnic cleansing can be carried out through violent measures including rape, torture, forced deportation, mass incarceration, killings, and attacks on political and cultural figures and sites. [29] Much like other mass atrocity crimes, there is significant overlap between ethnic cleansing and the previously mentioned acts. It can be tried as a crime against humanity or, specifically during armed conflict, a war crime. [30] Its relationship with genocide is particularly complicated due to the overlap in the intent to target a particular "national, ethnical, racial or religious group." [31]

Ethnic cleansing is often discussed in tandem with genocide. For example, the International Court of Justice determined that most of the acts committed in Bosnia by Serb forces were "ethnic cleansing," but fell short of genocide. [32] What distinguishes ethnic cleansing from genocide is intent. [16] The purpose that drives ethnic cleansing is to render a specific region homogeneous through the often violent expulsion of a minority group as opposed to its destruction. [2] So while the specific acts taken against a protected group may be identical, perpetrators of genocide would not be satisfied with the removal of the group if it did not render it destroyed, whereas perpetrators of an ethnic cleansing campaign would theoretically be satisfied.

Although ethnic cleansing has not been formally codified in an international treaty, the term has appeared in UN Security Council and General Assembly resolutions, the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia, and reports by UN experts. [33]

International Criminal Court

The International Criminal Court (ICC) only has jurisdiction over those who have committed crimes against humanity, war crimes, genocide, or crimes of aggression. [34] Its jurisdiction is further limited to crimes that occurred within the territory of a state that has accepted the jurisdiction of the ICC (through ratification of the Rome Statute or otherwise) and to situations referred to it by the UN Security Council. [34] Despite the referral power of the Security Council, the Court itself is not officially affiliated with the United Nations. In order for the International Criminal Court to take a case, the state must be a signed member of the Rome Statute, as this puts a country within the jurisdiction of the Court. The ICC's jurisdiction is complementary to domestic courts. So if a perpetrator is tried at a national level court, the ICC does not intervene in the case. [34]

Nuremberg trials

Prior to the publication of the Rome Statute and the formation of the International Criminal Court, violators of mass atrocity crimes would be brought to justice through international tribunals. Nuremberg was the first such example of these tribunals. Held as an International Military Tribunal (IMT) for the Nazis, Nuremberg became the first ever trial in which crimes against humanity had been held as a charge (they could not be charged with the crime of genocide, as it did not exist at the time). Of the 24 Nazi officials charged, 16 of them were found guilty of crimes against humanity. [35]

International Criminal Tribunal for the former Yugoslavia

The International Criminal Tribunal for the former Yugoslavia (ICTY) is the United Nations court established in 1993 to prosecute mass atrocity crimes committed in the Balkans in the 1990s. [36] It addresses crimes committed from 1991 to 2001 against members of various ethnic groups in the former Yugoslavia — Croatia, Bosnia and Herzegovina, Serbia, Kosovo and Macedonia. [37] This was the first war crimes court established by the UN as well as the first international war crimes tribunal since the Nuremberg and Tokyo tribunals. [36] The tribunal was established by the UN Security Council, acting under Chapter VII of the UN Charter. [36] Since its inception, the ICTY has made precedent-setting decisions on mass atrocity crimes, including the precept that an individual's position does not protect them from prosecution. [38] It has also set the precedent for individualized guilt in order to protect entire communities from being labelled "collectively responsible." [38] It has held that the mass murder at Srebrenica was genocide as defined by international law. [39] The ICTY has indicted over 160 individuals. [36]

International Criminal Tribunal for Rwanda

The International Criminal Tribunal for Rwanda [40] (ICTR) is an international court established by the UN Security Council to prosecute individuals of genocide and other mass atrocity crimes committed in Rwanda and neighboring states between January 1, 1994 and December 31, 1994. [20] The ICTR is the first international tribunal to deliver verdicts of genocide and the first to interpret 1948 Genocide Convention's definition of genocide. [41] It is also the first tribunal to define rape as a means of committing genocide [42] as well as to hold members of media responsible for broadcasts as a tool of genocide. [43] The ICTR's last trial judgement was on December 20, 2012 and is now working on appeals only. [44] Since it opened in 1995, of the 93 individuals have been indicted by the ICTR, 62 have been found guilty of international humanitarian crimes and sentenced, 10 have been referred to national jurisdictions, 2 have died prior to verdicts, 3 fugitives have been referred to the International Residual Mechanism for Criminal Tribunals, and 2 indictments were withdrawn before their trials started. [44]

International Court of Justice

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. [45] It can hear two types of cases: contentious and advisory. [46] Contentious cases are legal disputes between states which can only be brought by states. [47] The only mass atrocity crime that the ICJ has jurisdiction over is genocide. Its jurisdiction was established explicitly in the Genocide Convention. [48] Unlike the tribunals discussed above, the ICJ cannot determine individual criminal responsibility. [49] It can clarify and interpret the Genocide Convention as well as hold states accountable for the commission or the failure to prevent or punish genocide. [49]

Diplomatic agreements

Responsibility to protect

At the 2005 World Summit, the United Nations member states made a commitment to protect against genocide, war crimes, ethnic cleansing, and crimes against humanity. This document is not binding legal agreement, but rather reaffirms all states' responsibility to protect their own populations from atrocity crimes. It additionally holds the international community responsible for holding other states' accountable for their populations. [50] In accordance with Chapters VI, VII, and VIII of the United Nations charter, the United Nations acknowledged at the summit its responsibility to help protect all populations through peaceful means, as well as through collective action when necessary. [50]

See also

Further reading

Related Research Articles

<span class="mw-page-title-main">War crime</span> Individual act constituting a violation of the laws of war

A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings including genocide or ethnic cleansing, the granting of no quarter despite surrender, the conscription of children in the military and flouting the legal distinctions of proportionality and military necessity.

<span class="mw-page-title-main">Crimes against humanity</span> Concept in international law

Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution.

<span class="mw-page-title-main">International Criminal Tribunal for Rwanda</span> 1994 court of the United Nations Security Council

The International Criminal Tribunal for Rwanda was an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to adjudicate people charged for the Rwandan genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. The court eventually convicted 61 individuals and acquitted 14.

The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was the first legal instrument to codify genocide as a crime, and the first human rights treaty unanimously adopted by the United Nations General Assembly, on 9 December 1948, during the third session of the United Nations General Assembly. The Convention entered into force on 12 January 1951 and has 153 state parties as of June 2024.

The Gacaca courts were a system of transitional justice in Rwanda following the 1994 genocide. The term 'gacaca' can be translated as 'short grass' referring to the public space where neighborhood male elders (abagabo) used to meet to solve local problems. The name of this system was then adopted in 2001 as the title of the state's new criminal justice system "Gacaca Courts" to try those deemed responsible for the 1994 Genocide against the Tutsi where over 1,000,000 people were killed, tortured and raped. In 1994, the United Nations Security Council created the International Criminal Tribunal for Rwanda to try high-ranking government and army officials accused of genocide, war crimes, and crimes against humanity. The Gacaca Courts were established in law in 2001, began to operate on a trial basis in 2002 and eventually came to operate as trials throughout the country by early 2007. The Gacaca courts were presented as a method of transitional justice, claimed by the Rwandan government to promote communal healing and rebuilding in the wake of the Rwandan Genocide. Rwanda has especially focused on community rebuilding placing justice in the hands of trusted citizens.

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<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

The responsibility to protect is a global political commitment which was endorsed by the United Nations General Assembly at the 2005 World Summit in order to address its four key concerns to prevent genocide, war crimes, ethnic cleansing and crimes against humanity. The doctrine is regarded as a unanimous and well-established international norm over the past two decades.

<span class="mw-page-title-main">Command responsibility</span> Doctrine of hierarchical accountability

In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.

<span class="mw-page-title-main">Bosnian genocide case</span> 2007 International Court of Justice decision

Bosnia and Herzegovina v Serbia and Montenegro [2007] ICJ 2 is a public international law case decided by the International Court of Justice.

<span class="mw-page-title-main">Stephen Rapp</span> American lawyer and politician

Stephen J. Rapp is an American lawyer and the former United States ambassador-at-large for war crimes issues in the Office of Global Criminal Justice.

<span class="mw-page-title-main">Joint criminal enterprise</span> Concept in international criminal law

Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose. It arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991–1999.

<span class="mw-page-title-main">United Nations Security Council Resolution 955</span> United Nations resolution adopted in 1994

United Nations Security Council resolution 955, adopted on 8 November 1994, after recalling all resolutions on Rwanda, the Council noted that serious violations of international humanitarian law had taken place in the country and, acting under Chapter VII of the United Nations Charter, established the International Criminal Tribunal for Rwanda (ICTR).

Prosecution of gender-targeted crimes is the legal proceedings to prosecute crimes such as rape and domestic violence. The earliest documented prosecution of gender-based/targeted crimes is from 1474 when Sir Peter von Hagenbach was convicted for rapes committed by his troops. However, the trial was only successful in indicting Sir von Hagenbach with the charge of rape because the war in which the rapes occurred was "undeclared" and thus the rapes were considered illegal only because of this. Gender-targeted crimes continued to be prosecuted, but it was not until after World War II when an international criminal tribunal – the International Military Tribunal for the Far East – were officers charged for being responsible of the gender-targeted crimes and other crimes against humanity. Despite the various rape charges, the Charter of the Tokyo Tribunal did not make references to rape, and rape was considered as subordinate to other war crimes. This is also the situation for other tribunals that followed, but with the establishments of the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), there was more attention to the prosecution of gender-targeted crimes with each of the statutes explicitly referring to rape and other forms of gender-targeted violence.

The term international framework of sexual violence refers to the collection of international legal instruments – such as treaties, conventions, protocols, case law, declarations, resolutions and recommendations – developed in the 20th and 21st century to address the problem of sexual violence. The framework seeks to establish and recognise the right all human beings to not experience sexual violence, to prevent sexual violence from being committed wherever possible, to punish perpetrators of sexual violence, and to provide care for victims of sexual violence. The standards set by this framework are intended to be adopted and implemented by governments around the world in order to protect their citizens against sexual violence.

<span class="mw-page-title-main">Genocide prevention</span> Any act or actions that works toward averting future genocides

Prevention of genocide is any action that works toward averting future genocides. Genocides take a lot of planning, resources, and involved parties to carry out, they do not just happen instantaneously. Scholars in the field of genocide studies have identified a set of widely agreed upon risk factors that make a country or social group more at risk of carrying out a genocide, which include a wide range of political and cultural factors that create a context in which genocide is more likely, such as political upheaval or regime change, as well as psychological phenomena that can be manipulated and taken advantage of in large groups of people, like conformity and cognitive dissonance. Genocide prevention depends heavily on the knowledge and surveillance of these risk factors, as well as the identification of early warning signs of genocide beginning to occur.

<span class="mw-page-title-main">Incitement to genocide</span> Crime under international law

Incitement to genocide is a crime under international law which prohibits inciting (encouraging) the commission of genocide. An extreme form of hate speech, incitement to genocide is an inchoate offense and is theoretically subject to prosecution even if genocide does not occur, although charges have never been brought in an international court without mass violence having occurred. "Direct and public incitement to commit genocide" was forbidden by the Genocide Convention in 1948. Incitement to genocide is often cloaked in metaphor and euphemism and may take many forms beyond direct advocacy, including dehumanization and accusation in a mirror.

Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the dolus specialis, or specific intent, to destroy a particular national, ethnic, racial, or religious group, in whole or in part. Unlike broader war crimes or crimes against humanity, genocidal intent necessitates a deliberate aim to eliminate the targeted group rather than merely displace or harm its members.

<span class="mw-page-title-main">Genocides in history</span>

Genocide is the intentional destruction of a people in whole or in part. The term was coined in 1944 by Raphael Lemkin. It is defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) of 1948 as "any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, as such: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group's conditions of life, calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; [and] forcibly transferring children of the group to another group."

Jennifer Trahan is an American legal scholar and academic. She is a Clinical Professor at New York University's Center for Global Affairs and directs their Concentration in International Law and Human Rights.

References

  1. 1 2 "Framework of Analysis for Atrocity Crimes: A Tool for Prevention" (PDF). United Nations Office of the Prevention of Genocide. 2014.
  2. 1 2 3 Global Centre for the Responsibility to Protect, Background Briefing: Defining the Four Mass Atrocity Crimes, Publications (Aug. 15, 2018), http://www.globalr2p.org/publications/688 Archived 2019-12-01 at the Wayback Machine ; Global Action against Mass Atrocity Crimes, Prevention of Atrocities, About GAAMAC, https://www.gaamac.org/web-pages/view/16
  3. ↑ See, generally, Press Release, International Criminal Court, Assembly activates Court’s jurisdiction over crime of aggression (Dec. 15, 2017), available at https://www.icc-cpi.int/Pages/item.aspx?name=pr1350.
  4. ↑ See, Coalition for the International Criminal Court, The Crime of Aggression, ICC Crimes (2018), http://www.coalitionfortheicc.org/explore/icc-crimes/crime-aggression.
  5. 1 2 "The Convention for the Prevention and Punishment of the Crime of Genocide" (PDF). Adopted by the General Assembly of the United Nations on 9 December 1948.
  6. 1 2 Trial International, What are Crimes Against Humanity?, What We Do, https://trialinternational.org/topics-post/crimes-against-humanity/.
  7. ↑ Int’l Law Comm’n, Crimes against humanity: Texts and titles of the draft preamble, the draft articles and the draft annex provisionally adopted by the Drafting Committee on second reading, 71st Sess., Apr. 29-June 7, July 8- Aug. 9, 2019, U.N. Doc. A/CN.4/L.935 (May 15, 2019).
  8. ↑ G.A. Res. 73/265 ¶ 43, U.N. Doc. A/RES/73/265; MADRE, The International Crimes Against Humanity Treaty: A Call to Action for Advocates (2019), https://www.madre.org/international-crimes-against-humanity-treaty.
  9. 1 2 3 United Nations Office on Genocide Prevention and the Responsibility to Protect, Crimes Against Humanity, Definitions,  https://www.un.org/en/genocideprevention/crimes-against-humanity.shtml.
  10. 1 2 International Crimes Database, Crimes Against Humanity, Crimes (2013), http://www.internationalcrimesdatabase.org/Crimes/CrimesAgainstHumanity.
  11. ↑ [1] Louise Chappell, The Politics of Gender Justice at the International Criminal Court: Legacies and Legitimacy, 27 Eur. J. Int’l L. 1176 (2017); Brook Sari Moshan, Women, War, and Words: The Gender Component in the Permanent International Criminal Court’s Definition of Crimes Against Humanity, 22 Fordham Int’l L. J. 154 (1998).
  12. ↑ "Rome Statute of the International Criminal Court" (PDF). International Criminal Court. Entered into force on 1 July 2002. Archived from the original (PDF) on 18 March 2018. Retrieved 26 April 2016.
  13. ↑ Raphael Lemkin, Axis Rule in Europe: Laws of Occupation, Analysis of Government – Proposals for Redress, p. 80, New York, NY: Howard Fertig, 1973.
  14. ↑ Sareta Ashraph, Beyond Killing: Gender, Genocide, & Obligations Under International Law 3 (Global Justice Center 2018), available at http://globaljusticecenter.net/blog/20-publications/briefs-and-white-papers/1009-beyond-killing-gender-genocide-and-obligations-under-international-law.
  15. ↑ Convention on the Prevention and Punishment of the Crime of Genocide art. 1, Dec. 9, 1948, 78 U.N.T.S. 277.
  16. 1 2 Int’l Law Comm’n, Draft Code of Crimes against the Peace and Security of Mankind with commentaries, 48th Sess. p. 44 (1996), available at http://legal.un.org/ilc/texts/instruments/english/commentaries/7_4_1996.pdf.
  17. ↑ Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis, and Charter of the International Military Tribunal, Aug. 8, 1945, art. 6(c).
  18. ↑ See, generally, Int’l Law Comm’n, Draft Code of Crimes against the Peace and Security of Mankind with commentaries, 48th Sess. p. 44 (1996), available at http://legal.un.org/ilc/texts/instruments/english/commentaries/7_4_1996.pdf
  19. ↑ Updated Statute of the International Criminal Tribunal for the Former Yugoslavia, S.C. Res. 827, U.N. Doc. S/RES/827, art. 4 (May 25, 1993) (as amended July 7, 2009).
  20. 1 2 Statute of the International Criminal Tribunal for Rwanda, S.C. Res. 995, U.N. Doc. S/RES/955, art. 2 (Nov. 8, 1994) (as amended Oct 13, 2006).
  21. ↑ Rome Statute for the International Criminal Court, art. 6, July 17, 1998, 2187 U.N.T.S. 3.
  22. ↑ Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, 78 U.N.T.S. 277.
  23. 1 2 3 International Committee of the Red Cross, Rule 156. Definition of War Crimes, Customary IHL, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v1_rul_rule156.
  24. ↑ Guénaél Mettraux, International Crimes and the Ad Hoc Tribunals (Oxford University Press 2005).
  25. ↑ Akila Radhakrishnan, Elena Sarver, & Grant Shubin, Protecting safe abortion in humanitarian settings: overcoming legal and policy barriers, 25 Reproductive Health Matters 40 (2017), available at http://www.globaljusticecenter.net/publications/articles/861-iprotecting-safe-abortion-in-humanitarian-settings-overcoming-legal-and-policy-barriers.
  26. ↑ International Committee of the Red Cross, Prisoners of War and Detainees Protected under International Humanitarian Law, Protected Persons (Oct. 29, 2010), https://www.icrc.org/en/doc/war-and-law/protected-persons/prisoners-war/overview-detainees-protected-persons.htm
  27. 1 2 3 United Nations Office on Genocide Prevention and the Responsibility to Protect, War Crimes, Definitions, https://www.un.org/en/genocideprevention/war-crimes.shtml.
  28. ↑ "ICRC databases on international humanitarian law". www.icrc.org. 2010-03-23. Retrieved 2016-04-26.
  29. 1 2 3 Drazen Petrovic, Ethnic Cleansing - An Attempt at Methodology, 5 EJIL 342, 345 (1994).
  30. ↑ George J. Andreopoulos, Ethnic cleansing, Encyclopædia Britannica (Feb. 12, 2004), https://www.britannica.com/topic/ethnic-cleansing.
  31. ↑ See, e.g., William A. Schabas, Genocide and the International Court of Justice: Finally, a Duty to Prevent the Crime of Crimes, 2(2) Genocide Studies and Prevention 101, 109 (2007).
  32. ↑ Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosn. & Herz. v. Serb. & Montenegro), Judgment, 2007 I.C.J. Reports 43, ¶ 190 (Feb. 26).
  33. ↑ United Nations Office on Genocide Prevention and the Responsibility to Protect, Ethnic Cleansing, Definitions, https://www.un.org/en/genocideprevention/ethnic-cleansing.shtml.
  34. 1 2 3 International Criminal Court, How the Court works, About,  https://www.icc-cpi.int/about/how-the-court-works.
  35. ↑ "Crimes against humanity". International Crime Database.
  36. 1 2 3 4 United Nations International Residual Mechanism for Criminal Tribunals, About the ICTY, United nations International Criminal Tribunal for the Former Yugoslavia, http://www.icty.org/en/about.
  37. ↑ Updated Statute of the International Criminal Tribunal for the Former Yugoslavia, S.C. Res. 827, U.N. Doc. S/RES/827, art. 1 (May 25, 1993) (as amended July 7, 2009).
  38. 1 2 International Criminal Tribunal for the Former Yugoslavia Outreach, The Tribunal’s Accomplishments in Justice and Law, 3 Justice in Transition (Feb. 2006).
  39. ↑ See, Prosecution v. Radislav Krstic, ICTY Case No. IT-98-33, Trial Judgment (Aug. 2, 2001).
  40. ↑ International Tribunal for the 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 Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994, French: "Tribunal pénal international pour le Rwanda (TPIR)". Office of the United Nations High Commissioner for Human Rights.
  41. ↑ United Nations International Residual Mechanism for Criminal Tribunals, The ICTR in Brief, https://unictr.irmct.org/en/tribunal.
  42. ↑ Prosecutor v. Akayesu, Case No. ICTR-96-4-T, Judgment, Sept. 2, 1998
  43. ↑ Prosecutor v. Nahimana et al. (Media case), Case No. ICTR-99-52, Judgment, Dec. 3, 2003.
  44. 1 2 "The ICTR in Brief | United Nations International Criminal Tribunal for Rwanda". unictr.unmict.org. Retrieved 2016-04-26.
  45. ↑ International Court of Justice, The Court, https://www.icj-cij.org/en/court; UN Charter art. 92.
  46. ↑ UN Charter ch. 14.
  47. ↑ International Court of Justice, The Court, https://www.icj-cij.org/en/court.
  48. ↑ Convention on the Prevention and Punishment of the Crime of Genocide art. 9, Dec. 9, 1948, 78 U.N.T.S. 277.
  49. 1 2 Global Justice Center and Global Center for the Responsibility to Protect, Q&A: The International Court of Justice& the Genocide of the Rohingya (July 2019), http://globaljusticecenter.net/blog/19-publications/1147-q-a-the-international-court-of-justice-the-genocide-of-the-rohingya.
  50. 1 2 2005 World Summit Outcome, G.A. Res. 60/1, U.N. Doc. A/RES/60/1 (Oct. 24, 2005).
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