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Prosecutor v. Rajić (Rule 61)
Published online by Cambridge University Press: 01 January 2021
Abstract
International criminal law — Criminal responsibility of individuals — Command responsibility — War crimes — Grave breaches of the Geneva Conventions, 1949 — Evidence — Admissibility — Best evidence rule — Hearsay and secondary evidence — International Criminal Tribunal for the Former Yugoslavia
International criminal law — International trials — International Criminal Tribunal for the Former Yugoslavia — Rules of Procedure — Rule 61 proceedings — Hearing to confirm indictment in absence of accused — Purpose — Confirmation of indictment and issue of international arrest warrant — Evidence
State responsibility — Imputability — Agency — Degree of control required before group is regarded as agent of State — State supporting military campaign by nationals of other State — Bosnia-Herzegovina — Relationship between Bosnian Croat community and Republic of Croatia — Whether Bosnian Croat forces controlled by Croatia — Whether relationship sufficient to render armed conflict between Bosnian Croats and Bosnian Government an international armed conflict — Whether test the same as for imputability in law of State responsibility
War and armed conflict — Armed conflict — Definition — Characterization of armed conflict as internal or international — Conflict in Bosnia-Herzegovina between Bosnian Government and Bosnian Croats — Involvement of Republic of Croatia — Whether Bosnian Croats to be treated as agents of the Republic of Croatia
War and armed conflict — War crimes — Grave breaches of the Geneva Conventions — Definition of protected persons — Fourth Geneva Convention, 1949 — Civilians — Civilian population of village under attack by forces controlling surrounding countryside — Whether population protected persons — Occupied territory — Whether village occupied territory as soon as it is captured
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- © Cambridge University Press 1998