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The Law of Persecution Before the International Criminal Tribunal for the Former Yugoslavia

Published online by Cambridge University Press:  08 March 2005

Ken Roberts
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Abstract

The various Trial Chambers of the International Criminal Tribunal for the former Yugoslavia have advanced potentially inconsistent definitions of the crime of persecution under Article 5 of the Tribunal's Statute. The Trial Chamber in the Krnojelac case, in attempting to reconcile these different approaches, has undertaken a comprehensive analysis both of the actus reus and mens rea elements constituting this offence. In the context of the Tribunal's jurisprudence, this article analyses these elements and briefly discusses other issues related to the crime of persecution.

Keywords

crimes against humanitydiscriminatory intentICTYpersecutionpersecutory act
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 15 , Issue 3 , September 2002 , pp. 623 - 639
Copyright
© 2002 Kluwer Law International

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