ABSTRACT

This chapter provides the Geneva Convention treaties and of the two main precedents to the creation of the Ad Hoc Tribunal for the former Yugoslav (ICTY) and the War Crimes Court in the BiH Court (WCC): the Nuremberg and Tokyo Courts. It then discusses the creation of both the ICTY and BiH courts, and highlights the main accomplishments and limitations of the former in the prosecution of rape and sexual violence against women. These two main precedents for the ICTY, the Nuremberg and Tokyo Tribunals, were convened after the end of the Second World War. The Ad Hoc Tribunal was established before the completion of the Commission's work. It was not until 1993, with the creation of the Ad Hoc Tribunal for the former Yugoslavia that the word "rape' appeared as an explicit crime in an international permanent statute.