Constitutional and Institutional Developments: Guilt by Majority in the International Criminal Tribunal for the Former Yugoslavia: Does This Meet the Standard of Proof ‘Beyond Reasonable Doubt’?

Established in 1993, the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991 (International Tribunal) has steadily become more active in its quest to fulfil its mandate, moving from the establishment stage to the working stage most notably over the past two years. The trial of Dusko Tadić, the first full scale trial before the International Tribunal, was held from 7 May 1996 through 28 November 1996 and the final judgment was rendered on 7 May 1997. Pursuant to a guilty plea, the accused Drazen Erdemović was sentenced on 29 November 1996. In addition, two trials, one of which is based on the Celebići indictment against four accused, Esad Landžo, Zenjil Delalić, Zdravko Mucić, and Hazim Delić, and began on 10 March 1997, and one against Tihomir Blaskić, are currently underway. The motions submitted and arguments that have been and will be made during these proceedings have, and will continue to, force the trial and appellate chambers of the International Tribunal to apply and interpret for the first time many of the International Tribunal's Rules of Procedure and Evidence (Rules). One of the issues that is no doubt relevant for the judges of the trial chambers as they deliberate the final judgments in these cases is the modicum of proof necessary to find the accused guilty of the infractions of international humanitarian law charged in the relevant indictment.