Introducing 

Prezi AI.

Your new presentation assistant.

Refine, enhance, and tailor your content, source relevant images, and edit visuals quicker than ever before.

Loading…
Transcript

Tadić Case (IT-94-1)

Vladimír Maháček

Trnavská univerzita - Právnická fakulta

DEPARTMENT OF INTERNATIONAL LAW AND EUROPEAN LAW

Who is Duško Tadić ?

Who is Duško Tadić

  • Was born on 1 October 1955 in Kozarac
  • Joined the SDS (Serbian Democratic Party) in 1990.

The attack on Kozarac

-Lasted two days and caused the death of more than 800 civilians .

A considerable part of the entire population of about 4000 people.

The attack on Kozarac

Ethnic cleansing campaign

  • Inhabitants of the town were lead away to the camps of Omarska, Keraterm and Trnopolje, where their suffering continued.
  • Was part of the plan to create Greater Serbia following the expulsion of all non-Serbian residents from the district of Prijedor.
  • Worst conditions were in OMARSKA CAMP

Omarska Camp

OMARSKA CAMP

TRIAL

  • Tadic travelled to Nuremberg in August 1993.
  • Indictment contained 34 crimes within the jurisdiction of the tribunal (pleaded not guilty on all counts)
  • On 7 May 1997, the Trial Chamber II found the defendant guilty on 9 counts, partially guilty on 2 counts and not guilty on the remaining 20 counts.
  • Dusko Tadic was convicted of:
  • – violations of the laws or customs of war
  • - breaches of Geneva Conventions
  • – Crimes against humanity

TRIAL

2 Important Outcomes of Trial

Spotlight

  • 1995 and 1999 decisions of the Appeals Chamber represent milestones in contemporary international criminal law.
  • 1ST - Judges of the Appeals Chamber handed down important decisions which confirmed on the one hand the legitimacy of the creation of the ICTY. Furthermore, they admitted that a subsidiary (judiciary) organ of the United Nations could review Security Council resolutions.

Spotlight pt 2

2ND- he second milestone is the decision delivered by the Appeals Chamber in 1999, which contains important considerations concerning the following issues: the method of qualifying international armed conflicts

Spotlight pt 2

Terms brought by Court

Definition of ‘laws and customs of war’:

“Article 3 is a general clause covering all violations of humanitarian law not falling under Article 2 or covered by Articles 4 or 5, more specifically: (i) violations of the Hague law on international conflicts; (ii) infringements of provisions of the Geneva Conventions other than those classified as ‘grave breaches’ by those Conventions; (iii) violations of common Article 3 and other customary rules on internal conflicts; (iv) violations of agreements binding upon the parties to the conflict, considered qua treaty law, i.e., agreements which have not turned into customary international law . . . .” (Tadic, Appeals Chamber, Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, October 2, 1995, §. 89)

Terms brought by Court

Definition of international armed conflict:

Definition of international armed conflict:

“It is indisputable that an armed conflict is international if it takes place between two or more States. In addition, in case of an internal armed conflict breaking out on the territory of a State, it may become international (or, depending upon the circumstances, be international in character alongside an internal armed conflict) if (i) another State intervenes in that conflict through its troops, or alternatively if (ii) some of the participants in the internal armed conflict act on behalf of that other State.” (Tadic, Appeals Chamber, July 15, 1999, § 84)

Terms brought by Court

Learn more about creating dynamic, engaging presentations with Prezi