Introductory Note to Prosecutor v. Perišić, International Criminal Tribunal for the Former Yugoslavia (ICTY)

Authors

Chris Jenks, Southern Methodist University, Dedman School of LawFollow

Abstract

This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić fomulation the case may, sadly, signal the fragmentation of international criminal law.

Publication Title

International Legal Materials

Document Type

Article

Keywords

command responsibility, specific direction, perisic, ICTY, bosnia-herzegovina, croatia, war crimes, yugoslavia, aiding and abetting, liability, VJ, VRS, SVK, specific direction, actus reus, substantial effect, tadic, war crimes

Recommended Citation

Chris Jenks, Introductory Note to Prosecutor v. Perisic (ICTY), 52 INT'L LEGAL MATERIALS 1065 (2013)