Crimes against Humanity in the Statutes of the ad hoc Tribunals
The ad hoc tribunals created for Rwanda and the former Yugoslavia have had an immense influence on the law of crimes against humanity. In essence, the definition of crimes against humanity as identified by the two tribunals consists of two superimposed layers. The first layer contains the chapeau elements or general requirements of the offence, whereas the second layer consists of one of the listed underlying offences, such as torture or murder. The statute of the tribunal for the former Yugoslavia requires (whilst the statute of the tribunal for Rwanda does not) that crimes against humanity must be committed in armed conflict, whereas the statute of the tribunal for Rwanda (but not for the former Yugoslavia) requires that crimes against humanity must involve national, political, ethnic, racial, or religious discrimination.
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