Prosecutor v. Perišić, Case No. IT-04-81-A, International Criminal Tribunal for the Former Yugoslavia

American Journal of International Law, Vol. 107, p. 622, 2013

SMU Dedman School of Law Legal Studies Research Paper No. 164

6 Pages Posted: 8 Feb 2015

See all articles by Chris Jenks

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: 2013

Abstract

This note introduces a controversial ICTY decision which attempted to clarify the requisite elements required to convict the former head of the Army of Yugoslavia with aiding and abetting war crimes committed by other organizations in Bosnia-Herzegovina and Croatia. The Perišić judgment serves as a reminder of the still unsettled nature of international criminal law on even threshold issues like the elements for a mode of liability. Given that the Special Court for Sierra Leone has already affirmatively rejected the Perišić formulation the case may, sadly, signal the fragmentation of international criminal law.

Keywords: perisic, ICTY, bosnia-herzegovina, croatia, war crimes, yugoslavia, aiding and abetting, liability, VJ, VRS, SVK, specific direction, actus reus, substantial effect, tadic, war crimes, effective control, command responsibility

Suggested Citation

Jenks, Chris, Prosecutor v. Perišić, Case No. IT-04-81-A, International Criminal Tribunal for the Former Yugoslavia (2013). American Journal of International Law, Vol. 107, p. 622, 2013; SMU Dedman School of Law Legal Studies Research Paper No. 164. Available at SSRN: https://ssrn.com/abstract=2552645

Chris Jenks (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States

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