Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-27T01:55:13.387Z Has data issue: false hasContentIssue false

6 - Genocide

Published online by Cambridge University Press:  05 June 2012

William A. Schabas
Affiliation:
National University of Ireland, Galway
Get access

Summary

The crime of genocide is included, in identical provisions, within the subject-matter jurisdiction of both the ICTY (article 4) and ICTR (article 2) but not within that of the SCSL. Already, when the ICTY was being contemplated, there had been widespread charges that genocide was being committed during the conflict in Bosnia and Herzegovina. As early as August 1992, the Commission on Human Rights called on States ‘to consider the extent to which the acts committed in Bosnia and Herzegovina and in Croatia constitute genocide’. In its December 1992 resolution on the situation in Bosnia and Herzegovina, the United Nations General Assembly described ‘ethnic cleansing’ as a form of genocide. Nevertheless, the Security Council resolution creating the ICTY, adopted on 8 May 1993, did not refer to genocide. As for Rwanda, despite hesitation within the Security Council to use the ‘g-word’ to describe the atrocities as they unfolded in April 1994, it soon became evident that the most significant manifestation of genocide since the destruction of the European Jews during the 1940s was well underway. By the time the ICTR was created, in November 1994, the term ‘genocide’ had been used by the Special Rapporteur of the Commission on Human Rights, the Commission of Experts, and even the Security Council itself (for the first time in its history). When the Security Council created the ICTR, in somewhat marked contrast with the ICTY, it expressed concern ‘that genocide and other systematic, widespread and flagrant violations of international humanitarian law have been committed in Rwanda’, and said the Tribunal was established ‘for the sole purpose of prosecuting persons responsible for genocide and other serious violations of international humanitarian law’.

Type
Chapter
Information
The UN International Criminal Tribunals
The Former Yugoslavia, Rwanda and Sierra Leone
, pp. 161 - 184
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Genocide
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.007
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Genocide
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Genocide
  • William A. Schabas, National University of Ireland, Galway
  • Book: The UN International Criminal Tribunals
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511617478.007
Available formats
×