Universal Jurisdiction over Atrocities in Rwanda: Theory and Practice

Universal Jurisdiction over Atrocities in Rwanda: Theory and Practice 18 L. Reydams1 Universal Jurisdiction over Atrocities in Rwanda: Theory and Practice .. - 1. INTRODUCTION The atrocities in the former Yugoslavia and Rwanda have within a short span of time, trig- gered the creation of two international criminal ad hoc tribunals.2 The jurisdiction of both tribunals is predicated on the right of all states to assert jurisdiction over the alleged offences on the basis of the principle of universal jurisdiction. Following the establishment of the tribunals, judicial authorities in third states have asserted jurisdiction over crimes committed in the former Yugoslavia3 and Rwanda. The statutes of both international tribunals constitute extremely important developments in international humanitarian law with regard to the criminal character of the norms governing armed conflict.4 A remarkable interplay between national and international prosecutions has reinforced those developments, and a recent decision by the Appeals Chamber of the Interna- tional Tribunal for the former Yugoslavia fully corroborates the new direction in interna- tional law: internal atrocities are crimes under international law and therefore universally punishable. 1. Luc H. Reydams, Licentiaat Rechten (K.U. Leuven), LL.M. (University of Notre Dame), J.S.D.-candidate (University of Notre Dame). The author is grateful to the Center for Civil and Human http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Universal Jurisdiction over Atrocities in Rwanda: Theory and Practice

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Publisher
Brill
Copyright
© 1996 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
D.O.I.
10.1163/157181796X00113
Publisher site
See Article on Publisher Site

Abstract

18 L. Reydams1 Universal Jurisdiction over Atrocities in Rwanda: Theory and Practice .. - 1. INTRODUCTION The atrocities in the former Yugoslavia and Rwanda have within a short span of time, trig- gered the creation of two international criminal ad hoc tribunals.2 The jurisdiction of both tribunals is predicated on the right of all states to assert jurisdiction over the alleged offences on the basis of the principle of universal jurisdiction. Following the establishment of the tribunals, judicial authorities in third states have asserted jurisdiction over crimes committed in the former Yugoslavia3 and Rwanda. The statutes of both international tribunals constitute extremely important developments in international humanitarian law with regard to the criminal character of the norms governing armed conflict.4 A remarkable interplay between national and international prosecutions has reinforced those developments, and a recent decision by the Appeals Chamber of the Interna- tional Tribunal for the former Yugoslavia fully corroborates the new direction in interna- tional law: internal atrocities are crimes under international law and therefore universally punishable. 1. Luc H. Reydams, Licentiaat Rechten (K.U. Leuven), LL.M. (University of Notre Dame), J.S.D.-candidate (University of Notre Dame). The author is grateful to the Center for Civil and Human

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Jan 1, 1996

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