The interpretation of the concept of 'other inhumane acts' in armed conflicts by the ICTY and ICTR and its impact on IHL and Human Rights Law

• Jurisdiction: South Africa
• Citation: (2008) African Yearbook on International Humanitarian Law 163
• Pages: 163-174
• Published date: 22 August 2019
• Author: Christian Garuka Nsabimana
• Date: 22 August 2019

The interpretation of the concept of

‘other inhumane acts’ in armed

conflicts by the ICTY and ICTR and

its impact on IHL and Human Rights

Law.

Christian Garuka Nsabimana*

1INTRODUCTION

International Humanitarian Law (‘IHL’) aims to protect the victims of

armed conflicts and to limit the means of warfare. Potentially, serious

violations of IHL constitute war crimes and crimes against humanity

and, in some conflicts, might even lead to genocide. After failing to prevent

or stop atrocities during the war in the Former Yugoslavia and Rwanda, the

United Nations (‘UN’) through the Security Council, has at least set up two

ad hoc tribunals – the International Criminal Tribunal for the Former

Yugoslavia (‘ICTY’) and the International Criminal Tribunal for Rwanda

(‘ICTR’) – to deal with the crimes committed during the course of the two

armed conflicts referred to.

1

The Security Council referred to Chapter 7 of

the Charter of the United Nations when adopting the two different resolu-

tions establishing the two ad hoc tribunals, emphasizing that the serious

violation of the IHL in the two countries constituted a threat to interna-

tional peace and security.

The ICTY was established to prosecute people responsible for serious

violations of IHL committed in the territory of Yugoslavia from 1991.

2

With

regard to the jurisdiction of the ICTR, it has jurisdiction to prosecute

people responsible for serious violations of IHL committed in the territory

* LLM (University of Pretoria); LLB (Nacional University of Rwanda). Former legal

researcher at the Office of the Prosecutor of the International Criminal Tribunal for

Rwanda. HIV/Human Rights Researcher. The author is grateful for the comments

from Jamil Mujuzi. Mistakes and opinions remain those of the author. Email:

chrisgaruka@yahoo.fr.

1

The ICTY Statute was adopted on 25 May 1993 by the UN Security Council in terms of

Resolution 827, whereas the Statute of the ICTR was adopted on 8 November 1993 by

the UN Security Council in terms of Resolution 955.

2

Article 1 of the Statute of the ICTY provides for the competence of the ICTY. Available

at: (accessed

on 24 September 2008).

163

(2008) African Yearbook on International Humanitarian Law 163

© Juta and Company (Pty) Ltd