ABSTRACT

This chapter discusses the innovations which the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have created against the background of the environment in which both tribunals had to work. In the ICTY and ICTR jurisprudence, two important tendencies are visible: the tendency to broaden the definition of sexual violence in order to encompass as many deeds of a sexual nature and to criminalize them, and the tendency to apply convictions for sexual violence to all possible groups. The legal concept on which the definition of genocide is based in ICL is derived from the notion of crimes against humanity as it was developed and adjudicated by the Nuremberg Tribunal. The purpose of collecting material for a narrative of the Rwandan conflict was to establish the legacy for the future, comparable to the findings of the IMT at Nuremberg on whose legacy the ICTR claimed to build.