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Prosecutor v. Blaškić (Judgment)

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

Published online by Cambridge University Press:  01 January 2021

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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

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