Prosecutor v. Tadić (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction)

Case No. IT-94-1 (1995)

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Prosecutor v. Tadić (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction)

International Criminal Tribunal for the Former Yugoslavia
Case No. IT-94-1 (1995)

  • Written by Alexander Hager-DeMyer, JD

Facts

The International Criminal Tribunal for the Former Yugoslavia (tribunal) accused Dusko Tadić (defendant) of committing war crimes and atrocities, including the repeated beating and torturing of prisoners in a prison camp. Tadić was apprehended on a visit to Germany and turned over to the tribunal to face trial. Tadić filed a pretrial motion to dismiss all charges, arguing that the tribunal lacked proper jurisdiction. As part of his motion, Tadić argued that the tribunal was improperly established by the United Nations Security Council (council). The trial chamber denied Tadić’s motion, and Tadić filed an interlocutory appeal of the decision. The appeals chamber addressed Tadić’s arguments, including whether the tribunal was properly established under Chapter VII of the charter of the United Nations (UN).

Rule of Law

Issue

Holding and Reasoning (Cassese, J.)

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