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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-I (1995)

Facts

The International Criminal Tribunal for the Former Yugoslavia (ICTY) 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 ICTY to face trial. Tadić filed an interlocutory appeal challenging the ICTY’s jurisdiction, claiming that an armed conflict did not exist at the time and place of his alleged crimes and that, therefore, he did not violate international humanitarian law. Tadić argued that the conflict in the region where his alleged crimes were committed was a political assumption of power that did not involve armed combat. The ICTY’s appeals chamber addressed what circumstances constituted an armed conflict under international law.

Rule of Law

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Issue

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Holding and Reasoning

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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