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18.20.2 International Criminal Tribunal for the Former Yugoslavia (ICTY) andInternational Criminal Tribunal for Rwanda (ICTR). The U.N. Security Council has used itsauthority under Chapter VII of the Charter of the United Nations to establish internationalcriminal tribunals to prosecute persons responsible for serious violations of internationalhumanitarian law committed in the territory of the former Yugoslavia since 1991, and in theterritory of Rwanda, as well as Rwandan citizens responsible for genocide and other suchviolations committed in the territory of neighboring States, between January 1, 1994, andDecember 31, 1994. 267The United States has, through its membership in the U.N. Security Council, supportedboth the efforts of the ICTR and (also acting through NATO) the efforts of the ICTY. 26818.20.3 The International Criminal Court (ICC) Created by the Rome Statute. The RomeStatute of the ICC established the ICC, which sits in The Hague in the Netherlands. 269 TheUnited States is not a Party to the Rome Statute.The Rome Statute provides that the ICC “shall have the power to exercise its jurisdictionover persons for the most serious crimes of international concern” and “shall be complementaryto national criminal jurisdictions.” 270 The Rome Statute provides that the ICC has jurisdiction inaccordance with the Statute with respect to: 271• the crime of genocide;• crimes against humanity;• war crimes; and• the crime of aggression.trial of those persons charged individually, or as members of organizations, or in both capacities, with offenseswhich include crimes against peace.”).267 Refer to § 18.12.4 (Authorizing International Criminal Tribunals).268 For example, since the mid-1990s, as part of NATO’s Operation JOINT ENDEAVOR, Operation JOINTGUARD and Operation JOINT FORGE, and as part of NATO’s support to the European Union’s OperationALTHEA, the United States has conducted operations to apprehend, transfer, and support the prosecution of PersonsIndicted for War Crimes (PIFWC) in the ICTY.269 Refer to § 19.23 (Rome Statute of the International Criminal Court).270 ROME STATUTE art. 1 (“An International Criminal Court (‘the Court’) is hereby established. It shall be apermanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes ofinternational concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions.The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.”).271 ROME STATUTE art. 5 (“The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statute with respect to thefollowing crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime ofaggression.”).1109

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