(4) Whereas the Charter of the International Military Tribunal did not address the qualifications of judges, and prohibited any challenges to the composition of the Tribunal, (5) the statutes of the ICTY, ICTR
, and ICC contain provisions concerning judicial independence and impartiality.
Mibenge argues that the ICTR
's treatment of gender-based violence inaccurately creates a narrative that the only true victims of sexual violence are Tutsi women.
of the Statutes of the ICTY, ICTR
, ICC and Special Court for Sierra
This article evaluates the success of South Africa's TRC, Rwanda's ICTR
, and Sierra Leone's hybrid model of a national TRC and special court, focusing on transitional justice goals of impartiality, accountability, reconciliation, and deterrence, and proposing an appropriate hybrid model of accountability for Africa.
In relation to this, the ICTR
can only judge natural persons who must be Rwandan citizens because, as according to articles 1 and 7 of the Statute, only persons responsible for serious violations of humanitarian law committed by Rwandan citizens can be judged by the Court.
Since 2005, the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR
) have been engaged in a new process of referring cases over which they had earlier assumed jurisdiction back to national jurisdictions for trial (retaining the power to recall cases back should national prosecution be deemed inadequate) and the Special Court for Sierra Leone is scheduled to begin consideration of a similar mechanism.
The transfer mechanism, Rule 11 bis, was adopted in 2004 as part of a completion strategy, which allowed the ICTR
to transfer cases to national judiciaries.
Part III analyzes the tacitly comparative judicial approach to defining the crime of genocide adopted by the ICTY and ICTR
. Part IV describes what a comparative analysis of the law of genocide at the ECCC would look like, the shortcomings of the ECCC's universalist approach, and the concerns specific to Cambodia that should inform the ECCC's analysis.
-David Scheffer, who presided over the implementation of the ICTR
, related in All the Missing Souls: A Personal History of the War Crimes Tribunals the difficulties inherent in getting such an undertaking operational.
In November 1994, the UN Security Council created the International Criminal Tribunal for Rwanda (ICTR
), which convicted and sentenced 61 people and also established the truth about how the genocide was planned and premeditated.
(33) The International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda (ICTR
) ad hoc tribunals additionally codified crimes against humanity as a category of offense, (34) and Article 7 of the International Criminal Court Rome Statute ("ICC Rome Statute") lays out the elements of crimes against humanity.