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The Judgment of the International Criminal Tribunal for the Former Yugoslavia in the Brðanin Case

Published online by Cambridge University Press:  11 March 2005

TILMAN BLUMENSTOCK
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Abstract

Apart from giving a detailed account of the background and the factual findings in the Brðanin judgment of the ICTY, three legal aspects of the case are of interest for this case note: the acquittal of the accused of genocide charges, the trial chamber's dismissal of ‘joint criminal enterprise’ as a mode of liability to describe the accused's criminal responsibility, and the characterization of the accused's responsibility vis-à-vis crimes committed in camps and detention facilities as aiding and abetting by omission.

Keywords

aiding and abetting by omissiongenocidejoint criminal enterprise
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 18 , Issue 1 , March 2005 , pp. 65 - 75
Copyright
© 2005 Foundation of the Leiden Journal of International Law

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