To a novice, International Court of Justice, International Tribunal Court, and International Criminal Court sound similar. All of them are international in nature and were established mainly to prosecute international icons -either states or individuals. There are distinguishable differences among them, nonetheless. The article tries to unveil the essential differences in plain language.
The International Tribunal Court is a part of United Nations mechanism, which has been established to prosecute humanitarian criminals, those who are responsible for torture, genocide, and other crimes against humanity. Two landmark cases of this international jurisdiction are the cases of former Yugoslavia and Rwanda.
The Security Council of the Chapter VII of the Charter of the United Nations is entitled to organize, pursue the establishment, and establish international tribunal(s) for the prosecution of persons who are responsible for crime(s) against humanity. The prosecution(s) is/are based on the international humanitarian law legal ground in form of treaties and/or conventions.
Legal Ground
The criminals of humanity of former Yugoslavia and Rwanda are prosecuted based on Geneva Conventions, the international law legal ground for cases of crime against humanity:
· Convention on the Prevention and Punishment of the Crime of Genocide, which was Adopted on 9 December 1948 http://www.oil.ca/rights/cppcg/cppcg.html
· Convention on the Protection of Civilian Persons in Time of War, which was adopted on 12 August 1949.
· Geneva Conventions on the Protection of War Victims, which was adopted on 12 August 1949 and Additional Protocol II thereto of 8 June 1977.
What define the terminology "crimes against humanity"?
According to the Article 2 of Geneva Convention regarding the Protection of Civilian Persons in Time of War (adopted on 12 August 1949), crimes against humanity include but not limited to:
(a) willful killing; (b) torture or inhuman treatment, including biological experiments; (c) willfully causing great suffering or serious injury to body or health; (d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; (f) willfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; (g) unlawful deportation or transfer or unlawful confinement of a civilian; (h) taking civilians as hostages.According to the Article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June 1977. The violations against humanity include, but not be limited to:
