Introductory Note to Prosecutor v. Perišić, International Criminal Tribunal for the Former Yugoslavia (ICTY)

International Legal Materials, Vol. 52, p. 1065, 2013

SMU Dedman School of Law Legal Studies Research Paper No. 163

52 Pages Posted: 8 Feb 2015

See all articles by Chris Jenks

Chris Jenks

Southern Methodist University - Dedman School of Law

Date Written: February 28, 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 fomulation the case may, sadly, signal the fragmentation of international criminal law.

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

Suggested Citation

Jenks, Chris, Introductory Note to Prosecutor v. Perišić, International Criminal Tribunal for the Former Yugoslavia (ICTY) (February 28, 2013). International Legal Materials, Vol. 52, p. 1065, 2013 ; SMU Dedman School of Law Legal Studies Research Paper No. 163. Available at SSRN: https://ssrn.com/abstract=2554530

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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