Prosecutor v. Tadić (Appeal against Conviction)

Abstract

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic violations of human rights — Motives — Whether personal motives preclude act being a crime against humanity — Requirement of discriminatory intent — Persecution as a crime against humanity

Human rights — Fair trial — Equality of arms — Content of principle — Application to international criminal tribunal — Whether applicable to inequality resulting from acts outside control of tribunal

International criminal law — Grave breaches of the Geneva Conventions — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirements — Existence of international armed conflict — Test — Conflict apparently internal — One party linked to foreign State — Degree of control required by foreign State — Requirement that victims be protected persons — Whether satisfied in case of victims of conflict in Bosnia and Herzegovina

International criminal law — Crimes against humanity — Mental element required for crime against humanity — Requirement that attack be directed against any civilian population — Personal motives — Whether requirement of discriminatory intent — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5

International criminal law — Individual criminal responsibility — Degree of participation required — Aiding and abetting — Common purpose — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1)

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Evidential standards — Appeals — Relationship with other international courts — International Court of Justice

War and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Geographical and temporal scope of armed conflict — Whether law of armed conflict applicable to treatment of detainees in part of country where no actual fighting taking place — Internal armed conflicts — Definition

War and armed conflict — Civilians — Fourth Geneva Convention, 1949 — Definition of protected person — Requirement that protected person must be in the hands of a party to the conflict or occupying power of which he is not a national — Interpretation — Civilian detainees — Standards of treatment

War and armed conflict — Internal armed conflicts — Common Article 3 to the Geneva Conventions, 1949 — Whether declaratory of customary international law — Persons not taking a direct part in hostilities — Definition — Whether applicable to captured members of armed forces