Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-24T22:54:06.377Z Has data issue: false hasContentIssue false

Prosecutor v. Blaškić (Judgment)

International Criminal Tribunal for the Former Yugoslavia.  03 March 2000 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic attack against civilian population — Persecution as a crime against humanity

International criminal law — Individual criminal responsibility — Command responsibility — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1) and (3) — Position of command — De facto and de jure command authority — Concepts of planning and instigating offences — Aiding and abetting — Degree of participation required

International criminal law — Grave breaches of the Geneva Conventions — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirement of an international armed conflict — Requirement that victims be protected persons — Whether nationality or ethnic origin of victim decisive for these purposes — Elements of crimes

International criminal law — War crimes — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 3 — Elements of crimes — Attacks upon civilian population

International criminal law — Crimes against humanity — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5 — Elements of crimes — Requirement of nexus with armed conflict — Widespread or systematic attack against civilian population — Definition of civilian — Former combatants — Presence of combatants within civilian population — Mens rea

International criminal law — Sentence — Relevant considerations — Age of accused and position of command — Gravity of offences

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Sentencing powers — Appropriate sentence

War and armed conflict — Armed conflict — Definition — Distinction between internal and international armed conflict — Conflict between Bosnian Government forces and Bosnian Croat forces — Involvement of the armed forces of the Republic of Croatia — Whether conflict international

War and armed conflict — Geneva Conventions — Interpretation — Common Article 3 — Whether reflecting customary international law — Whether violations of common Article 3 involving individual criminal responsibility

Type
Case Report
Copyright
© Cambridge University Press 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)