Ad Hoc Tribunal

Course : International criminal law Lecture : Hady Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Ad Hoc Tribunal: International Criminal Tribunal For The Former Yugoslavia (ICTY) and the International Criminal Tribunal For Rwanda (ICTR) After the legal process after World War II (WWII) was completed, until the year In the 1990s, not a single judicial mechanism was created to prosecute crimes international (criminal act). Some international criminal prosecutions occur on a domestic scale (e.g. the Eichmann trial in Israel) but mostly crimes internationally (for example what happened in Cambodia, Uganda, the Soviet Union, Afghanistan, China, Chile, Guatemala, Argentina, etc. - as well as Indonesia and East Timor) not prosecuted. This condition is very worrying and is complained by many people, however there didn't seem to be a strong political will at the time to solve the problem. United Nations (UN) efforts to establish a Criminal Tribunal Permanent International since WWII has not produced results. The UN International Law Commission has studied the issue and tried to create an international treaty that can be applied by tribunals (Code of Crimes Against Peace and Security of Mankind) However, no political agreement or willingness to form was reached the court throughout the cold war. However, when the massacre occurred in the former Republic of Yugoslavia, conditions became changed.  the cold war has end  The media attention to this incident was very great tall  the crimes that occurred were very serious and widespread  and perhaps most importantly, it brought things together countries, western countries became very concerned about what was happening in Europe, while Muslim countries are also concerned, because many of the victims are Muslims. Although Russia was initially reluctant to get involved, the Security Council began passing resolutions on the situation in Yugoslavia.  July 1992 (resolution 764- on Sarajevo) stated that people-Persons who commit or order the commission of serious violations of the Geneva Conventions are individually responsible the violation.  In August 1992 (resolution 771) called on states and institutions others to submi important information to the UN Secretary General so that the UN Secretary General can report to the Security Council about what actions can be taken.  In October 1992 (resolution 780) the Security Council commissioned the commission experts to investigate and report violations of humanitarian law international. The commission reported that violations had occurred to international humanitarian law in the territory of the former Republic of Yugoslavia, including deliberate killing, ethnic cleansing, murder mass attacks, torture, rape, looting and destruction of propertycivilian property, destruction of cultural buildings and detention A rbitrary.  In February 1993 (resolution 808) the Security Council decided to established the International Criminal Tribunal and submitted proposals the establishment of the tribunal to the Secretary General of the United Nations.  In May 1993 (resolution 827) the Security Council passed a resolution which adopted the ICTY (International Criminal Tribunal for Former Yugoslavia) and officially established the Tribunal. This tribunal is an international tribunal for the prosecution of war crimes and the first crime against humanity since the International Military Tribunal Nuremberg and the International Military Tribunal for the Far East. The ICTY is the first tribunal that has jurisdiction to try genocide. Then, in 1994 the genocide occurred in Rwanda. Then criticism emerged from African countries that only Only the massacres that occurred on the European continent received attention Security Council. → In November 1994 (resolution 955) the Security Council decided to establishing an International tribunal for Rwanda (statute establishing the tribunal is attached to this resolution. The ICTR Statute has many similarities with the ICTY Statute  Only a few minor differences – for example the crimes covered and definitions of crime that reflect differences the nature of the two conflicts The applicable procedural and evidentiary laws are the same. Establishment of a Tribunal – Legal Aspects The two Ad Hoc Tribunals were formed on the basis of UN Security Council resolutions  ICTY – DK Resolution 827, 25 May 1993  ICTR – DK Resolution 955, 8 Nov 1994 The most important thing is, in both resolutions, the UN Security Council states that the Security Council acts on the basis of Chapter VII of the UN Charter – which is this chapter talks about threats to peace, violations of peace and acts of aggression.