
Contents
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The Necessity to Establish a Tribunal for the Former Yugoslavia The Necessity to Establish a Tribunal for the Former Yugoslavia
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State of the Law: The Example of Rape State of the Law: The Example of Rape
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Non-International Armed Conflicts Non-International Armed Conflicts
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Nuremberg Proceedings Nuremberg Proceedings
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Moving Forward with the Law and Due Process Moving Forward with the Law and Due Process
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Justifying International Criminal Tribunals Justifying International Criminal Tribunals
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III Moving from Nuremberg to The Hague
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Published:March 2021
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Abstract
This chapter examines how, appalled by the glaring impunity for gross violations of international humanitarian law committed in the course of the Yugoslavia fragmentation wars in the early 1990s, the author was among those who called for the establishment of a war crimes tribunal for the former Yugoslavia. A war crimes tribunal, sought by the U.N. Security Council, would be the first since the Nuremberg and Far East trials following World War II. The chapter then looks at the inadequacy of international humanitarian and criminal law recognized as applicable to non-international armed conflicts, focusing on the case of rape. It considers the establishment of the modern international criminal tribunals at The Hague and Arusha. The chapter also studies the ICTY, the ICTR and the International Criminal Court (ICC).
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