The Protection of Civilians in the Jurisprudence of the ICTY and ICTR

Theodor Meron

in The Making of International Criminal Justice

Published in print July 2011 | ISBN: 9780199608935
Published online September 2011 | e-ISBN: 9780191729706 | DOI:
The Protection of Civilians in the Jurisprudence of the ICTY and ICTR

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This chapter discusses the jurisprudence concerning the protection of civilians of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. It begins by offering some preliminary remarks on the underlying bases of that protection, and also on the Tribunals' general jurisprudence. It then discusses the protection of civilians in the context of Tribunal jurisprudence concerning both crimes against humanity and war crimes — focusing especially on the definitions of the terms ‘civilian’ and ‘civilian population’ with regard to crimes against humanity — and the parameters of specific crimes explicitly directed against a civilian population, especially the war crime of terror. Finally, it offers some concluding thoughts on the application of the norms established and clarified by the Tribunals' jurisprudence.

Keywords: former Yugoslavia; Rwanda; international criminal tribunals; jurisprudence; civilian protection; crimes against humanity; war crimes

Chapter.  4742 words. 

Subjects: Human Rights and Immigration

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