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Prosecutor v. Prlić

Case No. IT-04-74-A (2017)

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Prosecutor v. Prlić

International Criminal Tribunal for the Former Yugoslavia, Appeals Chamber
Case No. IT-04-74-A (2017)

  • Written by Alexander Hager-DeMyer, JD

Facts

Jadranko Prlić and other members of the Croatian Defence Council (collectively, HVO members) (defendants) destroyed the Old Bridge of Mostar (bridge). The HVO members targeted the bridge because it was used by enemy combatants—members of the Army of the Republic of Bosnia and Herzegovina (ABiH)—to send food and supplies to troops. The destruction of the bridge harmed the Muslim civilians of Mostar by preventing them from accessing food and medical supplies. Following the destruction of the bridge, the HVO members were indicted for violating international law and tried by the International Criminal Tribunal for the Former Yugoslavia (ICTY). The trial chamber convicted the HVO members of, among other crimes, wanton destruction of cities or towns, or devastation not justified by military necessity. The HVO members were convicted because the collateral harm caused by the bridge attack was deemed disproportionate to the anticipated military advantages. The HVO members appealed the trial chamber’s ruling on the bridge’s destruction to the ICTY’s appeals chamber.

Rule of Law

Issue

Holding and Reasoning ()

Dissent (Pocar, J.)

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Casebooks

International Criminal Law

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