Prosecutor v. Tadic (Jurisdiction)

Abstract

Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread and systematic violations of human rights — Fair trial — Requirement that International Criminal Tribunal operate in accordance with requirements of law of human rights

International criminal law — War crimes — Grave breaches of the Geneva Conventions — Crimes against humanity — Whether international law requires nexus between crimes against humanity and armed conflict — Nuremberg precedent — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia — Challenge to jurisdiction of Tribunal — Legality of establishment of Tribunal by Security Council — Whether Tribunal “established by law” — International Covenant on Civil and Political Rights, 1966, Article 14 — Primacy of Tribunal over national courts

International organizations — United Nations — Security Council — Powers under Chapter VII of United Nations Charter — Determination of threat to international peace and security — Whether subject to legal limitations — Whether judicially reviewable — Situation in the former Yugoslavia — Whether a threat to international peace and security — Article 41 of United Nations Charter — Whether power to take measures not involving the use of military force extends to creation of a tribunal with criminal jurisdiction — Status of International Tribunal as subsidiary organ of Security Council

International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Whether Tribunal empowered to hear challenge to the legality of its establishment as part of challenge to jurisdiction — Appeals from interlocutory decisions of trial chamber — Power of Appeals Chamber to order remand of case — Primacy of International Tribunal over national courts — Concept of fair trial — Procedure

Relationship between international law and municipal law — Criminal trials — International Criminal Tribunal for the Former Yugoslavia — Primacy over national courts

Sources of international law — Custom — Formation of customary international law — Requirements for formation of custom — State practice — Opinio juris — Development of customary international law applicable to internal armed conflicts

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

War and armed conflict — Internal armed conflicts — Law applicable to internal armed conflicts — Whether grave breaches provisions of Geneva Conventions applicable to internal armed conflicts — Customary international law applicable to internal armed conflicts — Law on weaponry and targeting

War and armed conflict — War crimes — Grave breaches of the Geneva Conventions — Scope of application — Whether applicable to internal conflicts — Relationship between war crimes and grave breaches — Crimes against humanity