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THE PROSECUTION OF UNLAWFUL ATTACK CASES BEFORE THE ICTY

Published online by Cambridge University Press:  31 January 2007

William J. Fenrick
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Abstract

The prohibition of attacks directed against civilians and civilian objects is a logical implication of the principle of distinction and an essential part of International Humanitarian Law. There is a dearth of war crimes cases focusing on unlawful attacks, perhaps because such cases have been regarded as simply too difficult to prosecute. Recently, such cases have been prosecuted before the International Criminal Tribunal for the former Yugoslavia. The article reviews these cases and the experience of the prosecutors to provide guidance for those involved in such prosecutions in future and for those involved in advising military forces or evaluating military operational conduct.

Keywords

Unlawful attachMilitary ObjectiveProportionalityWar crimeCase presentationInvestigative checklistBig PictureCampaign
Type
Articles
Information
Yearbook of International Humanitarian Law , Volume 7 , December 2004 , pp. 153 - 189
Copyright
© 2004 T. M. C. Asser Instituut, The Hague, The Netherlands

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