The document discusses the International Criminal Tribunal for the former Yugoslavia (ICTY) and the trial of Duško Tadić. The ICTY was the first war crimes court created by the UN since the Nuremberg and Tokyo tribunals to try individuals responsible for crimes during the Balkan conflicts in the 1990s. Duško Tadić, the first person tried by the ICTY, was accused of war crimes and atrocities at a concentration camp in Bosnia in 1992. Tadić argued the ICTY did not have jurisdiction as it was not properly established under international law. However, the ICTY rejected this claim and established the "overall control test" for determining if individuals acting

1. ICTY, The Prosecutor
vs. Tadić
Reported by: ABELO & BALINDOA

2. What is
WAR CRIME?

3. Article 8
ROME STATUTE OF
THE INTERNATIONAL
CRIMINAL COURT
Grave breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or property protected
under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological
experiments;
(iii) Wilfully causing great suffering, or serious injury to body or
health;
(iv) Extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and
wantonly;
(v) Compelling a prisoner of war or other protected person to
serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected
person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.

4. International Criminal
Tribunal for the former
Yugoslavia (ICTY)
 is a United Nations court of law
dealing with war crimes that took
place during the conflicts in the
Balkans in the 1990’s.
 provided victims an opportunity to
voice the horrors they witnessed and
experienced and proved those
suspected of bearing the greatest
responsibility for atrocities committed
can be called to account

5. The ICTY was the first war crimes court created by the UN and the first
international war crimes tribunal since the Nuremberg and Tokyo tribunals. It
was established by the Security Council in accordance with Chapter VII of the
UN Charter.
KEY OBJECTIVE OF THE ICTY
try those individuals most responsible for appalling acts such as murder,
torture, rape, enslavement, destruction of property and other crimes listed in
the Tribunal's Statute
aims to deter future crimes and render justice to thousands of victims and their
families, thus contributing to a lasting peace in the former Yugoslavia.

6. • DOB: 1 October 1955, a Bosnian Serb politician
• former SDS leader in Kozarac and a former
member of the paramilitary forces supporting
the attack on the district of Prijedor
• was the first individual to be tried by the
International Criminal Tribunal for the Former
Yugoslavia (ICTY) (plaintiff)
• tried for war crimes and was accused of
committing atrocities at the Serb-run Omarska
concentration camp in Bosnia-Herzegovina in
1992
Duško Tadić

7. ISSUES:
a) unlawful establishment of
the International Tribunal;
b) unjustified primacy of the
International Tribunal over
competent domestic courts;
c) lack of subject-matter
jurisdiction.

8. In his defense, Tadic raised the argument that the ICTY did not have jurisdiction over his
case because it was not established until 1993 by a decision of the United Nations Security
Council.
The Security Council established the ICTY without the participation or consent of any of
the states comprising the former Yugoslavia.
In making this defense, Tadic relied on the argument that the ICTY was not “established by
law,” citing the International Covenant on Civil and Political Rights which provided that “in
the determination of any criminal charge against him, or of his rights and obligations in a
suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law.”
Tadic argued that this right to a tribunal “established by law” is a “general principle of law
recognized by civilized nations,” and is codified in the International Covenant on Civil and
Political Rights, the European Convention on Human Rights, and the American Convention on
Human Rights.

9. In his defense, Tadic raised the argument that the ICTY did not have jurisdiction over his
case because it was not established until 1993 by a decision of the United Nations Security
Council.
The Security Council established the ICTY without the participation or consent of any of
the states comprising the former Yugoslavia.
In making this defense, Tadic relied on the argument that the ICTY was not “established by
law,” citing the International Covenant on Civil and Political Rights which provided that “in
the determination of any criminal charge against him, or of his rights and obligations in a
suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law.”
Tadic argued that this right to a tribunal “established by law” is a “general principle of law
recognized by civilized nations,” and is codified in the International Covenant on Civil and
Political Rights, the European Convention on Human Rights, and the American Convention on
Human Rights.

10. FACTS

11. Doctrine: Established the “ Overall Control Test” for determining if an individual’s action were part of
the war when they were performed by a paramilitary or Non-state group.
The control require by IL may be deemed to exist when a State has a role in organizing, coordinating