Enforcement of International Humanitarian Law: a Critical Analysis of the Jurisprudence of the International Criminal. Tribunal for the Former Yugoslavia (Icty) and the International Criminal Tribunal for Rwanda (Ictr)
View/ Open
Date
2005Author
Choge, Elizabeth C
Type
ThesisLanguage
enMetadata
Show full item recordAbstract
The research examines enforcement of international humanitarian law as codified
in the four Geneva Conventions of 1949 and their two Additional Protocols of 1977. The
study looks at early attempts to enforce international humanitarian law dating back to the
Nuremberg and Tokyo Trials of 1945 and the implications they have had on trials that
have come thereafter. In particular the study focuses on the jurisprudence of the
International Criminal Tribunal for former Yugoslavia established by the United Nations
Security Council on 25th May 1993 and the International Criminal Tribunal for Rwanda
established on 8th November 1994. The main objective of the study is to analyze the
contributions of the two ad hoc tribunals to the development and enforcement of
international humanitarian law and to inquire as to status of this branch of the law within
the wider frame of international law.
The study established that the two tribunals have contributed immensely to the
enforcement of international humanitarian law and have brought to life provisions of the
Genocide Convention of 1948 and the Geneva Conventions of 12th August 1949 plus
their two Additional Protocols of 1977 that are the main sources of the law of armed
conflicts. The study further established that the jurisprudence of the two tribunals has
provided useful interpretation of international humanitarian law and the judicial
precedents arising from the trials would offer useful guidelines to the interpretation of the
law by the newly established International Criminal Court and national courts. The
establishment of the two tribunals sent a signal that violations of international
humanitarian law would no longer be tolerated by the international community whether
they occur, whether during internal or international armed conflicts.
Publisher
University of Nairobi
Rights
Attribution-NonCommercial-NoDerivs 3.0 United StatesUsage Rights
http://creativecommons.org/licenses/by-nc-nd/3.0/us/Collections
- Faculty of Arts [662]
The following license files are associated with this item: