AbstractThe decision of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia in The Prosecutor v. Dusko Tadic (Jurisdiction of the Tribunal) is likely to be of considerable significance for international humanitarian law. The decision concerned a challenge by the defendant to the jurisdiction of the Tribunal on three grounds:
(a) that the Tribunal had not been lawfully established;
(b) that the primacy over national courts which Security Council resolution 827 purported to give to the Tribunal was unlawful; and
(c) that the Tribunal lacked subject-matter jurisdiction in respect of the charges
laid against the defendant.
The purpose of this article is to examine the issues of humanitarian law in the Tadic case and to attempt an assessment of the impact of the decision on the development of that law. The article is therefore confined to the defendant's third ground of challenge to the jurisdiction of the Tribunal and does not consider the other grounds of challenge, which have been examined elsewhere.
Uploaded By : International Crimes Strategy Forum (ICSF)
Upload date : Saturday, 3 May 2014