Case Analysis: Reviewing the Case of Dražen Erdemović: Unchartered Waters at the International Criminal Tribunal for the former Yugoslavia

Abstract

Dražen Erdemović was one of the first people to appear in proceedings before the International Criminal Tribunal for the former Yugoslavia, as a potential witness in the Rule 61 proceedings against Radovan Karadžić and Ratko Mladić. The proceedings involving his own actions have now been completed. The case of Dražen Erdemović opened a Pandora's box of complex legal and moral issues. In this article, the ground-breaking case is examined in its entirety, with an emphasis on the novel issues that arose at each stage. It provides an overview of the procedural and substantive issues, and considers the implications that the case has had upon the development of international law and the proceedings at the International Tribunal. Finally, this article considers the case of Dražen Erdemović in the context of the International Tribunal's mandate to bring peace and reconciliation to the former Yugoslavia.