The Judgement of the International Criminal Tribunal for the former Yugoslavia in the Vasiljević Case

2003 ◽  
Vol 16 (2) ◽  
pp. 321-330
Author(s):  
ELENA MARTÍN SALGADO
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Case Note ◽  
Customary Law ◽  
Former Yugoslavia ◽  
Customary International Law ◽  
State Practice ◽  
Key Aspects

This case note focuses on two key aspects of the Vasiljević Judgement. The first one is the accused's acquittal of the charge of ‘violence to life and person’ under common Article 3 for the reason that the trial chamber was not satisfied that it constituted a crime under customary international law. The second aspect is the trial chamber's analysis of state practice to identify the definition under customary law of extermination as a crime against humanity.

The Genocide Acquittal in the Sikirica Case Before the International Criminal Tribunal for the Former Yugoslavia and the Coming of Age of the Guilty Plea

2002 ◽  
Vol 15 (2) ◽  
pp. 389-407 ◽  
Author(s):  
Nina H.B. Jørgensen
Keyword(s):  
Late Stage ◽  
International Criminal ◽  
Coming Of Age ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Guilty Plea ◽  
Key Aspects

This article focuses on two key aspects of the Keraterm case before the ICTY. The first is Duško Sikirica's acquittal of the crime of genocide. The Trial Chamber's construction of the phrase “destruction in part of a group” is critically examined and compared to the reasoning of a differently constituted Trial Chamber in the Krstić case. The second key aspect of the Keraterm case is the decision by all three defendants to enter into plea agreements with the Prosecutor at a relatively late stage in the trial. This article discusses the rules governing plea agreements, general sentencing factors and the extent to which guilty pleas have resulted in a pattern of lighter sentences in the jurisprudence of the Tribunals.

Customary Humanitarian Law Today

2014 ◽  
Author(s):  
Theodor Meron
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Customary Law ◽  
Humanitarian Law ◽  
Criminal Courts ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court

This chapter discusses the revival of customary humanitarian law. It begins by considering the origins of the revival, followed by discussions of the application of customary international law by non-criminal international bodies, such as the International Court of Justice; the customary law jurisprudence of the International Criminal Tribunal for the former Yugoslavia (ICTY); and the customary law jurisprudence of the other international criminal courts.

The Concept of ‘Essence’ and Its Uses in the Identification and Application of Customary International Law by International Criminal Courts and Tribunals

2021 ◽  
pp. 1-39
Author(s):  
Diego Mejía-Lemos
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Criminal Courts ◽  
Customary International Law

Abstract This paper seeks to provide an analysis of the uses of the concept of ‘essence’ by international criminal courts and tribunals. In particular, it is based on a survey of decisions of the International Criminal Tribunal for the former Yugoslavia (icty), whose Trial and Appeals chambers have used the concept on multiple occasions and with consequences which have been overlooked in the literature. By providing an analysis of the concept’s uses in connection with the icty’s identification and application of customary international law, the paper addresses some of the general international law and philosophical issues raised by the concept’s uses. The paper places the concept’s uses within their respective contexts, and discusses related international decisions and academic commentary. The paper concludes by suggesting potential avenues for elucidating the concept of ‘essence’ and its proper use, with a particular focus on the notions of ‘intension’, ‘extension’ and an intensional ‘extensional property’.

scholarly journals La protección de los derechos humanos en la justicia penal internacional: el caso particular del Tribunal Penal Internacional para la ex-Yugoslavia en relación con el derecho consuetudinario y el principio de legalidad = The protection of human rights in international Criminal Justice: the particular case of the international criminal tribunal for the Former Yugoslavia in relation to customary law and the principle of legality

2018 ◽  
pp. 70
Author(s):  
Elena C. Díaz Galán ◽  
Harold Bertot Triana
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Customary Law ◽  
Former Yugoslavia ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Derechos Humanos ◽  
Principle Of Legality

RESUMEN: La labor del Tribunal Penal Internacional para la Ex-Yugoslavia tuvo un momento importante en la compresión del principio de legalidad, como principio básico en la garantía de los derechos humanos, al enfrentar no sólo el derecho consuetudinario como fuente de derecho sino también diferentes modos o enfoques en la identificación de este derecho consuetudinario. Esta relación debe ser analizada a la luz de las limitaciones que tiene el derecho internacional y, sobre todo, de los procedimientos de creación de normas. No resulta fácil exigir responsabilidad en el cumplimiento del derecho internacional humanitario y de los derechos humanos. La práctica de este Tribunal abre una vía para la reflexión con la finalidad de asegurar el respeto de los derechos humanos en cualquier circunstancia, incluso de aquellos que llevaron a cabo la comisión de graves crímenes contra la comunidad internacional.ABSTRACT: The work of the International Criminal Tribunal for the former Yugoslavia was important for understanding the principle of legality as a key principle on the guarantee of Human Rights. The former was due to the Tribunal’s work on having faced the customary law as a source of law using different perspectives for its identification. The link between customary law, principle of legality and human rights has to be analyzed taking in account the limits of International law and the procedures for creating legal norms. It is not easy to invoke responsibility in the fulfillment of international humanitarian law and international law of human rights. The practice developed by this Tribunal provides an avenue for thinking about ensuring the respect of the human rights in any case including the commission of grave crimes against international community. PALABRAS CLAVE: derecho internacional de los derechos humanos, principio de legalidad, derecho internacional humanitario, costumbre internacionalKEYWORDS: international law of human rights, principle of legality, international humanitarian law, international custom

Case Analysis: Torture and Related Crimes – A Discussion of the Crimes Before the International Criminal Tribunal for the Former Yugoslavia

1998 ◽  
Vol 11 (1) ◽  
pp. 155-164 ◽  
Author(s):  
Jasper M. Wauters
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Analysis ◽  
Former Yugoslavia ◽  
Plain Language ◽  
Bodily Harm ◽  
Customary International Law ◽  
Legal Definition ◽  
Definition Of

The Statute of the International Criminal Tribunal for the former Yugoslavia lists certain offences that might constitute a war crime or a crime against humanity. It does not, however, define any of these offences, among which are torture, inhuman treatment and wilfully causing great suffering or serious bodily harm. Although their meaning is clear in plain language, their legal definition is not. This article attempts to find the customary international law definition of these crimes.

Individual Criminal Responsibility in the Execution of a "Joint Criminal Enterprise" in the Jurisprudence of the ad hoc International Tribunal for the Former Yugoslavia

2006 ◽  
Vol 6 (1) ◽  
pp. 63-120 ◽  
Author(s):  
Attila Bogdan
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
Criminal Enterprise ◽  
Customary International Law ◽  
Joint Criminal Enterprise ◽  
Individual Criminal Responsibility

AbstractThis article explores the development of "joint criminal enterprise" form of responsibility in the jurisprudence of the International Criminal Tribunal for the former Yugoslavia (hereinafter "Yugoslav Tribunal"). Although "joint criminal enterprise" does not appear in the Yugoslav Tribunal Statute, this form of responsibility was read into the Statute by the tribunal judges and is repeatedly relied on in finding individuals guilty in cases before the tribunal. In particular, ever since the Appeals Chamber in Prosecutor v. Tadic held that "joint criminal enterprise", as a form of accomplice liability, is "firmly established in customary international law", other Trial and Appeals Chamber decisions continue to follow this holding. This article takes a critical look at some of the fundamental issues associated with the development of "joint criminal enterprise" at the Yugoslav Tribunal, in particular the methodology employed by the Appeals Chamber in Tadic. In addition, the article also examines the similarities between "joint criminal enterprise" and U.S. conspiracy law, and whether the use of "joint criminal enterprise" at the Yugoslav Tribunal violates the "principles of legality".

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

scholarly journals Responsibility of Serbia for genocide: Application of the Convention on the prevention and punishment of the crime of genocide

Temida ◽  
2007 ◽  
Vol 10 (4) ◽  
pp. 33-42
Author(s):  
Mirjana Tejic
Keyword(s):  
International Law ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
State Responsibility ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Reconciliation Process

On February 26th 2007, International Court of Justice claimed Serbia responsible for failing to prevent genocide and punish perpetrators underlining its' responsibility to cooperate with International Criminal Tribunal for former Yugoslavia. Although it was confirmed genocide has been committed in Srebrenica 1995, Serbia is not obliged to pay financial reparations. Judgment makes distinction between individual and three-fold state responsibility for genocide, based on Convention on the Prevention and Punishment of the Crime of Genocide and other sources of international law. There are evident disagreements among judges on jurisdiction, interpretation rules, even on meritum of the case. Many questions still remain open especially what precedent effects will have on establishment of state's dolus specialis and how it will influence the reconciliation process in the region.

Briefly Noted

2019 ◽  
Vol 58 (3) ◽  
pp. 664-667
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
Crimes Against Humanity ◽  
The Balkans ◽  
Life Sentence

On March 20, 2019, the Appeals Chamber of the International Residual Mechanism for Criminal Tribunals set aside Radovan Karadžić's prior sentence of forty years and imposed a life sentence. Karadžić was convicted of genocide, crimes against humanity, and violations of the laws or customs of war in March 2016 by a Trial Chamber of the International Criminal Tribunal for the former Yugoslavia and sentenced to forty years in prison. His crimes relate to war crimes he committed during the 1990s conflicts in the Balkans, in particular the 1995 Srebrenica massacre of 8,000 Bosnian Serbs and the three-year long siege of Sarajevo. The Appeals Chamber reversed part of Karadžić's convictions related to the Overarching JCE and dismissed the rest of his appeal, while also dismissing most of the Prosecution's appeal, aside from the sentence. The Appeals Chamber judges found that the Trial Chamber “committed a discernible error and abused its discretion in imposing a sentence of only 40 years of imprisonment,” and consequently imposed a life sentence.

International Criminal Tribunal for the Former Yugoslavia (ICTY) (Trial Chamber): Prosecutor v. Milošć (Decision Concerning an Amicus Curiae)

2002 ◽  
Vol 41 (6) ◽  
pp. 1344-1346
Keyword(s):  
International Criminal ◽  
International Criminal Tribunal ◽  
Trial Chamber ◽  
Former Yugoslavia ◽  
List Type ◽  
Relevant Factor ◽  
Amicus Curiae ◽  
The Face ◽  
The Hague

The accused has complained about publications in two newspapers. The first was published on the 7th of September, 2002 in the Haagsche Courant, a Dutch newspaper in The Hague, and the second on the 13th September, 2002 in the Kultura, a Bulgarian newspaper in Sofia, Bulgaria. Both publications resulted from interviews given by Mr. Michail Wladimiroff, one of the three amici curiae in this case.The publication in the Haagsche Courant was captioned: “Wladimiroff: Already Enough Evidence Against Milosevic.” Mr. Wladimiroff is reported as saying, “If this trial were only about Kosovo and one had to draw up the balance now, Milosevic would certainly be convicted. A link has been established between the army and the police, the warring parties in Kosovo and Milosevic himself.”Mr. Wladimiroff explained that he had been misquoted, and that what he had said was that “we have seen during the Prosecution case at least on the face of it, there is a link between the offences in Kosovo and the accused. That may not be for all events, but even if it were half of it, it is a relevant factor for the Trial Chamber when reaching a verdict.”

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