International Criminal Tribunal Research Articles

The Impact of Incitement by Public Officials in the Commission of Genocide: the Case of Ethnic Amharas in the Oromia Region

Abstract Insecurity has worsened in one of the eleven regions of Ethiopia, Oromiya, due to the killings of innocent Amharas. While there is increasing academic attention on the origins, causes, and nature of this threat, the role of the incitement of public officials in the commission of the killings and/or genocide in the region remains understudied. Accordingly, foregrounded by the need to unravel this gap, this qualitative study contributes to the literature through organised empirical research by examining Ethiopia’s public officials’ speeches and/or incitement, which might have helped in the commission of ethnic Amhara genocide in the Oromiya region since 2018. Three critical world events served as the main theoretical foundations for the analysis of incitement to genocide: the Nuremberg Prosecutions, the United Nations Genocide Convention, and the International Criminal Tribunal for Rwanda. It was found that both Prime Minister Abiy’s and Shimelis Abdisa’s speeches have mounted to qualify as incitements to genocide by being concomitant to the context, purpose, and causation. It is thus sufficient to remark that the speeches are used to further instigate genocide against ethnic Amharas. The study’s central argument holds that the causal link between the speech in question and the massacre in the region doubles the synthesis, although the UN Convention does not require a direct causal link.

Unveiling Srebrenica: a Dual Perspective on the 1995 Genocide UN and VRS Documents

In July 1995, the Army of the Serb Republic (VRS) and paramilitary forces carried out a genocide in eastern Bosnia and Herzegovina that claimed the lives of over 8,000 Muslims. Understanding this tragic period necessitates an examination of documents from the United Nations (UN) and the VRS. According to UN documents, it was ill-equipped and underprepared to deal with the situation. Daily reports suggest insufficient resources, restricted movement, and dependence on rumors owing to limited access to information, limiting their capacity to deliver meaningful aid. VRS records illustrate the organized character of the genocide through explicit talks and coded language used to hide operations. However, critical personal histories and contextual information on the VRS members are missing, leaving unresolved questions regarding motivations. Documents from both the UN and VRS provide distinct viewpoints. UN records highlight the problems of an underprepared organization, while VRS testimony sheds light on the organized nature of the genocide. Through an analysis of daily UN reports and select testimony from VRS members at the International Criminal Tribunal for the Former Yugoslavia (ICTY), this paper argues that the shortcomings of international intervention and the deliberate, organized actions of the VRS were crucial factors in enabling the genocide at Srebrenica, shedding light on both the failures of the global community and the calculated strategies employed by those responsible.

TOPICAL ISSUES OF DOCTRINE AND COURT PRACTICE ON THE INTERNATIONAL RESPONSIBILITY OF THE STATE FOR THE ACTIVITIES OF FOREIGN NON-STATE ARMED GROUPS

The article examines the topical issues of doctrine and international judicial practice regarding the determination of the State's responsibility for international wrongful acts, in particular, those related to the activities of foreign non-State armed groups. The authors analyse the international legal framework of State responsibility for international wrongful acts, as well as individual criminal liability of individuals. The paper substantiates a set of economic and legal instruments for the implementation of international responsibility (reparations, satisfaction, restitution, economic sanctions) as a mechanism for ensuring compliance with international law by States. The study identifies the legal positions of the International Court of Justice, the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the European Court of Human Rights and other international judicial institutions on the application of the concepts of "effective control" and "overall control" in judicial practice, as well as problematic issues of law enforcement.

The right to peaceful possession of property in conditions of international armed conflict

The article is devoted to the analysis of the provisions of international human rights law and international humanitarian law regarding the protection of the right to property, in particular the permitted limitations of this right, the relevant practice of international human rights courts and international criminal tribunals, the connection between the institution of derogation and the law of armed conflicts, as well as problematic issues of the protection of the right to property damaged during the russian-Ukrainian armed conflict. The author considers the provisions of some international treaties, which provide for the protection of the right to own property in peacetime, as well as the case-law of the European Court of Human Rights related to the violation of the right of applicants to own their property in accordance with Protocol No. 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms in connection with an international armed conflict or a situation of occupation. The author also analyzes the provisions of some sources of international humanitarian law regarding property as an object that must be protected during armed conflicts, in particular in occupied territories, and also provides examples of cases of international criminal tribunals, in whose decisions the destruction of property was recognized as a component of crimes against humanity. The author examines the question of the relationship between the sources of international human rights law and international humanitarian law in the context of the protection of the right to peaceful possession of property. The peculiarities of the institution of derogation in the context of the right to property in the conditions of an international armed conflict are analyzed. Ukraine’s derogation from its obligations under international human rights treaties, including the right to peaceful possession of property, in the conditions of russian armed aggression, is studied. In addition, in the context of the armed conflict between Ukraine and russia, the objects of property rights and the interested subjects of the right to property, which is violated or limited as a result of military operation, are singled out, and the collective dimension of the right to property, which was damaged during the russian-Ukrainian armed conflict, was investigated.

Atrocity Crime Responses in Bosnia and Herzegovina: Navigating Tensions in Multifaceted Approaches

Abstract The post-conflict landscape of Bosnia and Herzegovina remains deeply fragmented, characterized by the interplay of international and domestic responses to atrocity crimes committed during the 1992–1995 war. The Dayton Peace Agreement established frameworks to address these atrocities but also entrenched ethnic divisions. Bosnia and Herzegovina’s judicial measures, led by the International Criminal Tribunal for the former Yugoslavia and domestic courts, aimed to establish accountability but faced significant challenges, including political polarization. Civil society organizations and cultural initiatives have played important roles, yet their efforts are often hindered with, for example, the continuity of ethnic grievances. Drawing on the EU cost Action ca18228 Scoping Survey on states’ interactions with international criminal justice, this paper explores how different actors in BiH navigated the responses to atrocity crimes and assesses what has been fulfilled or left unfulfilled.

Definition of Genocide: A Critical Analysis of the Judgment of Extraordinary Chambers in the Courts of Cambodia (Case 002/2)

The Khmer Rouge under the leadership of Pol Pot carried terrifying crimes in Cambodia between 1975 - 1979 against ethnic groups. Official documents of that regime showed the systematic mistreatment and denied of the rights of these peoples as well as their sole existence; these documents later helped the international community to proof committing one of the most outrageous crimes: genocide. In 2018, the Extraordinary Chambers in the Courts of Cambodia (ECCC) issued a historical judgment in Case 002/2 convicting two Khmer Rouge leads for the crime of genocide. The judgment acknowledged two minority groups as the victims of genocide, namely the Vietnamese and the Cham. This paper analysis the judgment of Case 002/2 and the court's understanding of the elements of genocide and the protected groups. On one hand, this judicial ruling is important in recognizing the rights of the victims, and on the other, it represents a judicial precedent in the Far East where the repercussions of the genocide against the Muslim Rohingya minority still exist. With the development of the international case law with regard to genocide, and the experience of previous courts, particularly the ad hoc International Criminal Tribunal for Rwanda and the International Criminal Tribunal for former Yugoslavia, this paper examines the ECCC's contribution to international criminal law and transitional justice. Keywords: elements of the definition of genocide, Khmer Rouge, judge Ottara, separate opinion.

Damage to the environment as a sign of genocide

The actualisation of the problems of causing damage to the environment necessitates the determination of the grounds for international criminal liability for this act in the context of various international crimes, including genocide. The purpose of this study was to highlight the damage to the environment as a sign of the crime of genocide. The study was based on general scientific theoretical methods of scientific cognition, namely systemic, functional, and dogmatic methods, as well as methods of analysis, synthesis, and generalisation. Based on the consideration of the acts covered by the concept of genocide, the study found that damage to the environment in this context can be regarded as intentional creation of such conditions of existence for a national, ethnic, racial, or religious group which, by their qualitative characteristics, are aimed at the complete or partial physical destruction of this group, and the signs of such conditions are considered in the practice of the International Criminal Court, the International Tribunal for the Former Yugoslavia, and the International Criminal Tribunal for Rwanda. The study examined the tendency to perceive environmental damage as a sign of genocide in the context of genocide of indigenous peoples, and on this basis formulated the conclusion that it is not impossible to assess environmental damage as genocide outside the context of indigenous peoples’ living conditions, since the Statute of the International Criminal Court and the Convention on the Prevention and Punishment of the Crime of Genocide define the characteristics of a social group that may be a victim differently – national, ethnic, racial, or religious groups. The study found that damage to the environment may simultaneously constitute a sign of both ecocide and genocide if the ecocide is aimed at the destruction of a national, ethnic, racial, or religious group. The study identified the signs under which damage to the environment can be qualified as a crime of genocide: 1) deliberate creation of such living conditions for a national, ethnic, racial, or religious group aimed at its physical elimination as a social group; 2) such conditions are created in the context of deliberate physical destruction of a social group (contextual element); 3) genocidal intent, i.e., intent to destroy in whole or in part a social group defined in Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide. The practical significance of this study lies in the possibility of using its findings in the context of international justice, provided that the relevant acts are qualified as genocide, one of the ways of committing which is to cause damage to the environment

Evaluating International Criminal Procedures: Inquisitorial, Adversarial, or Hybrid - Lessons for the Pakistani Legal System

This Article examines two key aspects of international criminal procedure (ICP): the normative frameworks that govern ICP and procedures being utilized by International Criminal Tribunals (ICT) and Courts. It examines the established norms and practices of international tribunals. The discussion encompasses the formulation of standards, guidelines, and guarantees aimed at preventing judicial errors. It evaluates that whether ICP can be characterized as "adversarial," "inquisitorial," or “a blend of both”. It examines the case law and legal framework of international courts and tribunals. Employing a comparative and analytical research methodology, this article demonstrates that a genuinely hybrid procedure has emerged through successive amendments to the ICT for the former Yugoslavia and its rules of Procedure and Evidence (RPE) and the formulation of the Rome Statute. This procedure effectively synthesizes elements from both traditions; common law (adversarial) and civil law (inquisitorial) into a cohesive international legal framework. The article emphasizes the convergence of legal positions across jurisdictions. The observed similarities in legal frameworks arise from the universal recognition of the importance of justice in shaping human coexistence. However, the article acknowledges that the diversity in human minds leads to variations in devising solutions and creating means, explaining the inherent disparities in legal approaches across different contexts. It will be beneficial for Pakistan to adopt Islamic Criminal Procedure having hybrid criminal procedure that will improve the efficiency of our judicial system, ensuring swift resolution of criminal cases with effective outcomes.

CHILD RECRUITMENT PHENOMENON BETWEEN PROHIBITION AND PRACTICE ACCORDING TO INTERNATIONAL LAW AND JURISPRUDENCE

This study aims to illuminate the alarming phenomenon of child recruitment, recognized as a profound deviation from normative societal behaviors due to its stark infringement on the rights of a vulnerable demographic. Internationally spotlighted in the 1980s, child recruitment in armed conflicts prompted global efforts aimed at curbing the induction of children into battles by both recognized and unrecognized militant factions. Despite these endeavors, the prevalence of child soldiers has escalated notably in subsequent decades, particularly amid the surge of internal armed conflicts. Such circumstances have relentlessly exposed recruited children to extreme violence and inflicted severe damage, often resulting in either mortality or permanent disability. In response, a unified international initiative has sought to mitigate this distressing trend by establishing numerous international accords and preemptive measures. The prohibition of child recruitment has been enshrined across a spectrum of international legal instruments and endorsed by international criminal tribunals. Yet, despite rigorous legal frameworks and judicial efforts to eradicate child recruitment and preclude their participation in armed engagements, the practice persists. This ongoing issue underscores a systemic failure among nations to enforce internationally agreed standards designed to combat this grave phenomenon.

Interpreting Perlocutionary Speech Acts on Aggravation and Mitigation Circumstances: The Case of the former ICTR

This article attempts to interpret the interactivity between force of utterance and aggravating and mitigation circumstances during the ICTR sentencing process. This process which is essential in determining whether the judges’ evaluative comments aimed to address aggravation and mitigation circumstances are predictive of the ensuing sentences. The data for this article were accessed from the 1995-2000 Basic Documents and Case Law CD-ROM of the then International Criminal Tribunal for Rwanda (ICTR) in Arusha, Tanzania, focusing on the then thirteen (13) completed cases retrievable from http://www.ictr.org. Informed by the Speech Act Theory and using Wordsmith to determine the frequency of linguistic terms at airing aggravation, the study was done on seventy-two thousand words, paying attention to interpreting the language used to address aggravating and mitigating circumstances. Findings show that emotive evaluations are not a major characteristic in sentencing, and where in use, they do not predict the harshness of punishments given.

Authority of the International Court of Justice in Islamic Jurisprudence

This article explores how the authority of the International Court of Justice (ICJ) is perceived in fatwas on genocide and war crimes committed in Bosnia and Herzegovina during the 1992-1995 war. Sources include the ICJ’s judgement in Bosnia and Herzegovina v. the Federal Republic of Yugoslavia (Serbia and Montenegro); verdicts of the International Criminal Tribunal for the Former Yugoslavia; two fatwas from the Islamic Community in Bosnia and Herzegovina’s Council of Muftis on war crimes against the Bosniak populations of Srebrenica, Žepa, Prijedor and the Sana Valley; and preparatory materials written by expert groups that preceded the fatwas’ issuance. Despite initial criticism of the localisation of genocide in the ICJ’s judgement, the fatwas recognise its authority in cases that apply the Genocide Convention. The argumentation of these fatwas is based on the higher objectives of Islamic law (maqasid al-Sharia), in accordance with the role of Islamic normativity in a secular state.

Professional Women as Perpetrators: A Conversation with Valérie, “Rwanda’s Voice of Death”

ABSTRACT The literature on women’s participation in genocide and related violence focuses on the actions of women who are either at the very top or at the very bottom of social hierarchies. Exceptional roles played by a select few elite women prosecuted at international criminal tribunals have been recognized. Scholars have also examined the motivations of ordinary women who are swayed by ethnocentric scapegoating or commit violence out of fear and coercion, including social and economic incentives. In-depth analyses of female perpetrators in the professionals category who, along with men in that category, serve as bridgemakers between commoners and leaders are scarce. With the exception of nurses, teachers, and secretaries involved in the Holocaust, the professionals category is gravely understudied in scholarship on perpetrators. This article begins to rectify this gap by examining the case of Valérie Bemeriki who, as a journalist for the Radio Télévision Libre des Mille Collines (RTLM), promoted the genocide against the Tutsi in Rwanda. Valérie is a perpetrator who was intimately close to many Rwandans, including her victims, through the radio, yet she is simultaneously unfamiliar as her motivations have not been widely disclosed. The article provides an interpretive analysis of my interview with Valérie, radio transcripts of Valérie’s hate speech obtained by the International Criminal Tribunal for Rwanda (ICTR), and Rwandan and international newspapers and secondary source materials concerning Valérie. The findings suggest that perpetrators in the professionals category convey a contradictory experience in their motivations during the violence and their grievances in the aftermath. While Valérie minimized her agency in the genocidal machine, emphasizing structural constraints, she actively distinguished herself from powerless commoners, including Rwandan women living in a deeply patriarchal society. The article portrays Valérie as a strategic professional who hoped to excel by catering to powerful political figures.

State Crime

The International Criminal Tribunal for Rwanda’s historic judgment in the Akayesu Judgment established that rape and other forms of sexual violence can be an actus reus of genocide as defined by the United Nations Convention on Genocide Article II. The Akayesu Judgment therefore provides a logical framework to analyze a hidden episode of extreme post-colonial state violence in the newly independent Zimbabwe, namely a state policy of mass atrocities in Matabeleland and parts of the Midlands, targeting the minority Ndebele ethnic group during Operation Gukurahundi. The specific foci of this study are the patterns of mass rape and sexual violence in the military operation between 1983 and 1984 in Matabeleland. Drawing on 36 in-depth interviews with survivors from throughout Matabeleland, this study provides a critical new lens on Operation Gukurahundi through its identification of uniform systematic patterns of rape and other forms of sexual violence across Matabeleland. The article concludes that the patterns of rape and other forms of sexual violence identified in this study are indicative of a state policy of systematic genocidal rape between 1983 and 1984, deployed with the intent and effect to destroy, in part, a specific ethnic group, namely the minority Ndebele of Zimbabwe, thereby fulfilling every condition of the Genocide Convention principles of genocide.

Operation Gukurahundi: A Policy of Genocidal Rape and Sexual Violence in Zimbabwe, 1983–1984

The International Criminal Tribunal for Rwanda’s historic judgment in the Akayesu Judgment established that rape and other forms of sexual violence can be an actus reus of genocide as defined by the United Nations Convention on Genocide Article II. The Akayesu Judgment therefore provides a logical framework to analyze a hidden episode of extreme post-colonial state violence in the newly independent Zimbabwe, namely a state policy of mass atrocities in Matabeleland and parts of the Midlands, targeting the minority Ndebele ethnic group during Operation Gukurahundi. The specific foci of this study are the patterns of mass rape and sexual violence in the military operation between 1983 and 1984 in Matabeleland. Drawing on 36 in-depth interviews with survivors from throughout Matabeleland, this study provides a critical new lens on Operation Gukurahundi through its identification of uniform systematic patterns of rape and other forms of sexual violence across Matabeleland. The article concludes that the patterns of rape and other forms of sexual violence identified in this study are indicative of a state policy of systematic genocidal rape between 1983 and 1984, deployed with the intent and effect to destroy, in part, a specific ethnic group, namely the minority Ndebele of Zimbabwe, thereby fulfilling every condition of the Genocide Convention principles of genocide.

Making Something Out of (Almost) Nothing?

Abstract With an ever-increasing number of reports denouncing systematic mistreatments against Uyghurs and other Muslim ethnic minorities detained in Xinjiang ‘re-education’ camps, the time is ripe for the international community to explore possible judicial and quasi-judicial avenues to hold China to account. Excluding from the present analysis unilateral sanctions, as well as possible investigations and proceedings before international criminal tribunals, this article focuses on the role of inter-State human rights communications in securing justice. Given China’s enduring reluctance to engage in dispute settlement mechanisms – particularly by formulating reservations to compromissory clauses enshrined in human rights treaties –, the quest for accountability poses significant challenges. By broadening the inquiry to alternative avenues, such as the inter-State quasi-judicial communication procedure under both the icerd and the ilo’s Constitution, as well as addressing the feasibility of requesting an icj’s advisory opinion as an inter-State case in disguise, it is still possible to envisage narrow pathways that might be worth pursuing.

Establishing a practical test for the end of non-international armed conflict

Abstract When do non-international armed conflicts (NIACs) end? Determining the existence of a NIAC requires a detailed, fact-intensive inquiry. Since the International Criminal Tribunal for the Former Yugoslavia's seminal decision in the Tadić case, international courts and tribunals have evaluated the existence of NIACs under the Tadić test's two-pronged inquiry into intensity and organization. Although that decision also pronounced that international humanitarian law (IHL) continues to apply until a “peaceful settlement is achieved,” neither international tribunals nor scholars have articulated a comparably widely accepted and well-developed test for determining the end of NIACs. At the same time – and especially since 9/11 – States have increasingly relied on IHL to meet the threat posed by non-State actors, broadening the scope of conflict-related liabilities in armed conflict without conferring the privileges or immunities otherwise inherent in IHL. This one-sided approach twists the purpose of IHL and places members of organized armed groups into legal black holes without temporal limitations, as States resist the termination of “armed conflict” irrespective of the continuing intensity of violence or the level of organization of non-State actors. Ultimately, the current approach gives States broad discretion without appropriate safeguards, which undermines the proper application of human rights and humanitarian principles within conflict and prevents the establishment of a sustainable peace. This paper argues that the most appropriate test for ascertaining the end of a NIAC is one that combines objective consideration of the diminution of organized and intense hostilities below the Tadić threshold with the likelihood that hostilities will not again rise above that threshold. It thus draws from but does not fully endorse the preferred approach of the International Committee of the Red Cross (ICRC), which focuses on the lasting termination of hostilities,1 while abjuring a general temporal limitation. Although commendable for its effort to avoid the legal uncertainty that attends the revolving conflict classification problem, the ICRC's approach unfortunately tends to encode existing uncertainty surrounding the termination of NIACs and to indistinctly prolong the application of IHL to erstwhile conflict situations. In contrast, the authors suggest that a test for the end of NIAC based on a specific period (five months following the diminution of organized and intense hostilities below the Tadić threshold), subject to an evaluation of the risk that those hostilities may resume, better balances certainty of legal application with the promotion of a return to peace. The authors will employ the facts of diverse case studies, including the FARC in Colombia, the LTTE in Sri Lanka, numerous armed groups in Mali, and the United States with Al-Qaeda, to build a legal standard that courts can use to determine IHL's continuing applicability to an erstwhile armed conflict.

Examining the international political and legal accountability of states for genocide, ecocide, and weapons of mass destruction: current norms, practices, and political implications

The article reveals the international framework of political and legal liability of states for committing acts of genocide, ecocide, and using weapons of mass destruction. It is emphasized that these areas form a separate legal responsibility institution within international law. The author emphasizes the lack of unity between theoretical and practical aspects of legal regulation of using weapons of mass destruction, as well as the role that liability plays in the progressive development of law. The paper also highlights topical issues related to the paradigm shifts in modern international law due to the cases of genocide, ecocide, and WMD. The study aims to analyze international legal norms and practices of holding states accountable for the crimes of genocide, ecocide, and use of weapons of mass destruction. The following methods were employed in the course of this research: systemic, comparative legal, historical and legal, structural and functional, and generalization. The article emphasizes that most international crimes are committed with the support or under the control of collective entities, especially states. Nevertheless, international law has tended to impose responsibility for such crimes not only on certain people but also on states. The predominant response of the international community to international crimes was to impose responsibility on specific persons to the extent that it has been directed through international responsibility law. In this regard, it has been symbolized by prosecuting particular criminals through international criminal courts and tribunals.

Defining an International Crime: Historical and Contemporary Developments

Despite the desirability of the identity of crimes being specific, the category of conduct constituting international crimes remains blurry. In consequence, the controversy over what is, or is not, an international crime has continued to rage on. Different criteria have been used to classify a specific conduct as an international crime. As a source of authority, some authorities point to the works of scholars, treaties, legal systems, the statutes of international criminal courts, or even works of the International Law Commission, to identify an international crime. Nevertheless, unanimity in identification remains elusive. Thus, this article examines differing perspectives on the constituents of international crimes. The analysis is relevant because the definition of crime forms the bedrock of international criminal justice. However, the paper finds that leaving the category of conducts constituting an international crime open, facilitates the inclusion of other grave or emerging forms of criminality, which may also rise to the threshold of the crimes within the jurisdiction of international criminal tribunals. Although this may appear advantageous, the need for predictability, consistency and uniformity in the categorization of an international crime cannot be overemphasized

Crimes against humanity: concepts and signs

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.
 The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.
 «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.
 Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).
 In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

Acceptance of international criminal justice in Bosnia and Herzegovina

When the XIV Winter Olympic Games took place in Sarajevo in 1984, nobody expected that war would begin only seven years later and kill hundreds of thousands of people living in the former Yugoslavia. That millions of them would be ethnically cleansed and displaced, most of them for good. That hundreds of mass graves would be scattered around, and that war crimes unseen in Europe since the Second World War would be repeated. That severe crimes like systematic rape, torture, and massive destruction of cultural heritage and property would finally culminate with genocide. Consequently, Bosnia and Herzegovina (and the countries of the former Yugoslavia) triggered an immense boost in international criminal law and international criminal justice. That experience, during and after the war that took place from 1992 to 1995, can offer lots of valuable input. Not everything that had been done was good or perfect, but it was of great importance for the further development of international criminal law and international criminal justice in a world that is still searching for appropriate responses to the grave war crimes that occur every day, and for the development of mechanisms and practices that will ensure justice for victims and society and be perceived as such. The atrocities of the Bosnian War served as a wake-up call for the international community, highlighting the urgent need for mechanisms to hold perpetrators of such heinous crimes accountable. The establishment of the International Criminal Tribunal for the former Yugoslavia marked a significant milestone in this regard, pioneering the prosecution of individuals responsible for genocide, war crimes, and crimes against humanity committed during the conflict. However, challenges persist in ensuring access to justice for all victims and addressing the root causes of conflict to prevent future atrocities. The lessons learned in Bosnia and Herzegovina remain crucial in shaping efforts to achieve lasting peace and accountability worldwide.