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The Crimes Against Humanity in The Case-Law of ICTY and ICTR

International Criminal Tribunal for the Former Yugoslavia (ICTY) and International Criminal Tribunal for Rwanda (ICTR) were established by Security Council resolutions. Their existence can be observed as a premonition and/or demand - the international humanitarian law may not be derogate with impunity ; we should not be looking at the crime during armed conflict as its necessity. The crime against humanity, was recognized for the first time in 1945 as enumeration in Article 6c) of the International Military Tribunal Charter. Almost fifty years later similar enumeration was confirmed into the Statutes of ICTY and ICTR (and was extended and specify defined into the Rome Statute of International Criminal Court as well). According to the case-law of the Tribunals, definition of crime against humanity has two fundamental criteria that have to be fulfilled: 1) material criteria, committing one of the enumerated crimes within widespread or systematic attack against any civilian population ; 2) subjective criteria of conscience, with respect to knowledge on attack participation.

crimes against humanity; ICTY; ICTR; case-law.

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