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Implementing International Humanitarian Law examines the international humanitarian law rules and their application by the ad hoc tribunals with regard to the substantive laws of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal Rwanda (ICTR). The practice of the ICTY and the ICTR and their contribution to international humanitarian law, together with their possible impact on the International Criminal Court, is examined in light of the decisions rendered by the ad hoc tribunals and of the latest international humanitarian law instruments such as the 1996 ILC Draft Code of Crimes Against the Peace and Security of Mankind and the ICC Statute.
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IMPLEMENTING INTERNATIONAL HUMANITARIAN LAW
Implementing International Humanitarian Law From The Ad Hoc Tribunals to a Permanent International Criminal Court
YUSUF AKSAR Assistant Professor of Public International Law LL.B. (Ankara), LL.M. (Ankara), LL.M. (Sheffield), Ph.D. (Bristol)
First published 2004 by Routledge 11 New Fetter Lane, London EC4P 4EE Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001
Routledge is an imprint of the Taylor & Francis Group This edition published in the Taylor & Francis e-Library, 2005 “To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” © 2004 Yusuf Askar All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
British Library Cataloguing in Publication Data Implementing International Humanitarian Law: from the ad hoc tribunals to a permanent International Criminal Court 1. International Criminal Court 2. International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law 3. International Tribunal for Rwanda 4. Humanitarian law 5.War crimes – Yugoslavia 6.War crimes – Rwanda 9.Trials (Genocide) – Yugoslavia 10.Trials (Genocide) – Rwanda I.Title 341. 6’7
Library of Congress Cataloging-in-Publication Data Aksar,Yusuf, 1972– Implementing international humanitarian law: from the ad hoc tribunals to a permanent International Criminal Court/ Yusuf Aksar. p. cm Includes bibliographical references and index. 1. Humanitarian law 2. International criminal courts 3. International Tribunal for the prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Commited in the Territory of the Former Yugoslavia since 1991. 4. International Tribunal for Rwanda I.Title KZ6471.A39 2004 341.6’7–dc22
ISBN 0-203-64610-X Master e-book ISBN
ISBN 0-203-67796-X (Adobe eReader Format) ISBN 0–714–65584–8 (hbk) ISBN 0–714–68470–8 (pbk)
To the Memory of My Mother, Dilber Aksar
Table of Contents Table of Cases Table of Treaties Acknowledgements List of Abbreviations Foreword Introduction
xiii xvii xix xx xxiii 1
Part 1 The Establishment of the Ad Hoc Tribunals (the ICTY and the ICTR) and the International Criminal Court (the ICC) 1 – The Establishment of the ICTY and ICTR Introduction The Situations in the Former Yugoslavia and Rwanda The Former Yugoslavia Rwanda The Establishment of the International Criminal Tribunals The Legality of the Establishment and Competence of the Security Council The Legal Basis for the Establishment of an International Criminal Tribunal An International Treaty A General Assembly Resolution A Security Council Resolution The Justification of the Security Council’s Action The Practice of the ICTY I