Case Analysis: The Prosecutor v. Tadić The Appellate Decision of the ICTY and Internal Violations of Humanitarian Law as International Crimes

Extract

Recently, the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia (ICTY) issued its opinion on jurisdictional matters in the case of The Prosecutor v. Dusko Tadić. The defendant had challenged the establishment and jurisdiction of the Tribunal. While the defendant specifically contested the authority of the Tribunal on three grounds, it is the claim of lack of subject matter jurisdiction which will be the focus of this article. As the first case proceeding towards trial, this challenge gives the Tribunal its first opportunity to comment upon and clarify the extent of its subject matter jurisdiction.