Crimes against humanity in the International Court of Justice

Abstract

Crimes against humanity and genocide which occurred in the Former Yugoslavia and Rwanda show that there is an urgent need to bring to justice the perpetrators of such acts, thus testifying to the world that the existing international law is viable enough to protect the basic human rights. This Master’s Essay examines a relatively new development in the International Legal System, which was marked by the creation of the Tribunals for Rwanda and Former Yugoslavia by the United Nations Security Council. This study examines the structure, composition and jurisdiction of these Tribunals and whether they are sufficient. The chances of Tribunals to bring to justice all the perpetrators are discussed in detail. The obstacles and resistance these Tribunals usually face and the means used by these tribunals to overcome such difficulties are analyzed. The creation of these tribunals indicates that the international community is not inert and that crimes against humanity are considered horrific acts, which the humanity would no longer tolerate. This study examines also trial of Milosevic at The Hague, which is an unprecedented case since Nuremberg. Finally, on the basis of the analysis of the Yugoslavia and Rwanda cases, possible ways of bringing the case of the Armenian Genocide before a UN-mandated international court is contemplated.