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Kadic v. Karadzic;
Published online by Cambridge University Press: 01 January 2021
Abstract
International organizations — United Nations — Immunity from service of process — Whether person invited by United Nations immune from service of process when outside “headquarters district” and not a designated representative of a member of the United Nations
Jurisdiction — Acts of genocide, war crimes and torture — Whether within jurisdiction of United States courts — Acts by Bosnian Serb forces against Muslim population in Bosnia-Herzegovina — Whether genocide and war crimes constitute universally recognized violations of international law for which private individuals can be held liable — Convention on the Prevention and Punishment of Genocide, 1951 — Common Article 3 of the Geneva Conventions on the Laws of War — Torture — Whether jurisdiction limited to actions concerning official torture — United States Alien Tort Act and Torture Victim Protection Act
Relationship of international law and municipal law — Human rights — Whether international law places obligations on non-State actors as well as States in respect of violation of human rights norms — Whether acts of genocide, war crimes and torture can be subject of civil proceedings in municipal courts — Whether incorporation of international law into United States federal common law vests individual with implied right of action for violation of international law norms
States — Criteria for Statehood — Unrecognized State — Self-proclaimed Bosnian Serb State — Whether customary international law related to human rights applicable to unrecognized as well as recognized States
War and armed conflict — War crimes — Jurisdiction — Whether provisions of common Article 3 of the Geneva Conventions applicable to groups of insurgents as well as States in internal conflicts — Whether private individuals liable for commission of war crimes — Former Yugoslavia — Claim against leader of Bosnian Serb forces for compensation for war crimes allegedly committed by forces under his command — The law of the United States
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- © Cambridge University Press 1997