Prosecutor v. Brdjanin

IT-99-36-A (2007)

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Prosecutor v. Brdjanin

International Criminal Tribunal for the former Yugoslavia, Appeals Chamber
IT-99-36-A (2007)

RW

Facts

During the early 1990s conflict between Serbian and Bosnian Croats and Bosnian Muslims in the former republic of Yugoslavia, Radoslav Brdjanin (defendant) and others conspired to carve out an independent Bosnian Serb state and remove all non-Serb residents. The use of force, including possible killings, was inherent in this plan. After the war, the prosecutor for the International Criminal Tribunal for the former Yugoslavia (ICTY) successfully prosecuted Brdjanin for participating in a joint criminal enterprise (JCE) to commit several crimes against humanity. However, the ICTY’s trial chamber found insufficient evidence that Brdjanin personally aided or abetted any scheme to exterminate the non-Serb population, and therefore the trial chamber acquitted Brdjanin of genocide. On appeal to the ICTY’s appellate chamber, the prosecutor argued that the trial chamber misconstrued the criteria for JCE-based liability.

Rule of Law

Issue

Holding and Reasoning ()

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