Law of War Handbook 2005

(Jacob Rumans) #1
(c) Act committed against a protected person or property.

(3)On July 15, 1999, the Appellate Chamber reversed the Trial Chamber
and found that the conflict was international. The Appellate Chamber
therefore found Tadic guilty of 9 counts of grave breaches. The Trial
Chamber had based its finding of not guilty solely on the grounds that
the conflict was internal so the Appellate Chamber actually found him
guilty of the counts rather than sending the case back to the Trial
Chamber.

(4) In the Celebici case, the ICTY found that the indictment covered a
period of international armed conflict. Three of the four accused were
convicted of grave breaches.

e.  Genocide. Any of the listed acts committed with intent to destroy, in
whole or in part, a national, ethnic, racial or religious group.

(1)Has been charged as persecution, murder, torture, serious bodily injury
done to ethnic groups at detention camps, and where civilians fired
upon and killed due to national or ethnic affiliation. Includes
preventing births within a group, transferring children of group,
serious bodily injury to member of a group or killing members of a
group.

(2)Genocide v. "Ethnic Cleansing." Ethnic cleansing is a subset of
genocide; it is not a separate crime.


  1. International Criminal Tribunal for Rwanda.


a.  Genocide. Same definition as above. Charged in all indictments for acts
such as torturing or killing of Tutsis.

b. Crimes against Humanity. Crimes when committed as part of widespread
or systematic attack against any civil population on national, political,
ethnic, racial or religious grounds.

(1)Charged in all indictments for acts such as extermination of all Tutsis
in a village, murder, torture or rape of ethnic group (Tutsi) or liberal
political supporters.

(2)Fills gap in definition of genocide. Authorizes prosecution for
persecution on political grounds.
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