Hierarchy of Crimes in the Jurisprudence of the ad hoc International Criminal Tribunals

Agnieszka Szpak, Nicolas Copernicus University, Toruń, Poland

Abstract

Both ad hoc international criminal tribunals are competent to judge perpetrators of genocide, crimes against humanity and war crimes. Regarding the hierarchy of crimes falling under jurisdiction of the ad hoc tribunals, ICTY and ICTR had no doubts that genocide was the most serious crime. Such doubts were however expressed with regard to crimes against humanity and war crimes. Eventually, the ICTY Appeals Chamber in the Tadić case (2000) found that – on the basis of gravity of crimes – hierarchy between crimes against humanity and war crimes cannot be established. ICTR on the opposite expressly pointed to the distinguishing features between crimes against humanity and war crimes, which was done on the basis of the gravity criterion. In the jurisprudence of the ICTR it was recognized that genocide is the most serious crime, the second place belongs to crimes against humanity and war crimes are the last ones with respect to their gravity.