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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Crimes against Humanity in the Statutes of the ad hoc Tribunals

Crimes against Humanity in the Statutes of the ad hoc Tribunals

Chapter:
(p.147) 10 Crimes against Humanity in the Statutes of the ad hoc Tribunals
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0010

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.

Keywords:   crimes against humanity, armed conflict, religious discrimination, racial discrimination, ethnic discrimination

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