Law-Making Capacity of International Tribunals (In the International Tribunal for the Former Yugoslavia Jurisprudence)

Marochkin, S.Yu., Nelaeva G.A. Law-making Capacity of International Tribunals (In the International Tribunal for the Former Yugoslavia Jurisprudence, Tyumen State University Herald (Law), No.3, 2013, pp. 116-123

9 Pages Posted: 23 Feb 2014 Last revised: 4 Feb 2019

See all articles by G. Nelaeva

G. Nelaeva

Independent

Sergey Marochkin

University of Tyumen; Tyumen State University

Date Written: April 22, 2013

Abstract

International tribunals established in the 1990s by the UN Security Council (International Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR)) made a significant contribution to the development of international criminal law. For instance, one of their most important achievements is prosecution of rape and sexual assaults. These crimes have been codified in international law as crimes against women’s chastity or family honor and thanks to the case-law of the tribunals (mostly, ICTY) they have been viewed as crimes against sexual autonomy of an individual and as much serious as murder. The article looks at the case-law of the ICTY where rape and sexual violence were tried as falling within the category of war crimes (namely, cruel treatment, outrages upon personal dignity and torture) even if the explicit prohibition of the crime was included only in Article 5 (“crimes against humanity”) of the ICTY Statute. Decisions of the tribunals have served as a basis for provisions of the Rome Statute of the International Criminal Court (ICC) and as an example of formation of new international law norms by means of judicial decisions.

Keywords: International law, war crimes, International Criminal Tribunal for the Former Yugoslavia, rape

Suggested Citation

Nelaeva, G. and Marochkin, Sergey, Law-Making Capacity of International Tribunals (In the International Tribunal for the Former Yugoslavia Jurisprudence) (April 22, 2013). Marochkin, S.Yu., Nelaeva G.A. Law-making Capacity of International Tribunals (In the International Tribunal for the Former Yugoslavia Jurisprudence, Tyumen State University Herald (Law), No.3, 2013, pp. 116-123. Available at SSRN: https://ssrn.com/abstract=2399819

Sergey Marochkin

University of Tyumen ( email )

6, Volodarskogo st.
Tyumen, 625003
Russia

Tyumen State University ( email )

10 Semakov st.
Tyumen, Tyumen Region (Oblast') 625003
Russia
(+007) 3452 45 56 87 (Phone)
(+007) 3452 45 56 87 (Fax)

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