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Prosecutor v. Prlić et al.

Case No. IT-04-74-T (2013)

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Prosecutor v. Prlić et al.

International Criminal Tribunal for the Former Yugoslavia

Case No. IT-04-74-T (2013)

Facts

In 1993, Jadranko Prlić and other members of the Croatian Defence Council (collectively, the HVO members) (defendants) destroyed the Old Bridge of Mostar (the bridge). The HVO members targeted the bridge because it was used by members of the Army of the Republic of Bosnia and Herzegovina (ABiH), against whom the HVO was in combat, to send food and materials to its 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. The prosecutor (plaintiff) claimed that the HVO members had violated the customary rules of proportionality in Article 51.5(b) of the Additional Protocol I to the Geneva Convention by attacking the bridge with the knowledge that it would excessively affect civilian life and property compared with the military advantage that could be obtained. The International Criminal Tribunal for the Former Yugoslavia considered the case.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Antonetti, J.)

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