5 Obligations of International Organizations, 5.3 Case No. IT-95-9-PT, Decision on the Motion for a Judicial Assistance to be Provided by SFOR and Others, Trial Chamber of the International Criminal Tribunal for the former Yugoslavia, 18 October 2000

Subject(s):

Membership of international organizations — International organizations, practice and procedure — Responsibility of international organizations — Attribution

This commentary concerns a decision by the International Criminal Tribunal for the former Yugoslavia in the Simić case that addressed the question whether the Tribunal could issue binding orders to international organizations like SFOR (Stabilization Force). Following the Blaskić-precedent that decided on a similar issue in respect of states—and applying this precedent by analogy—the Chamber concluded that it was authorized to do so. The appearance and testimony of a SFOR-official was necessary in order to shed light on the alleged abduction of Mr Todorović prior to his surrender to the Tribunal. By summoning the witness to the court, the Chamber acknowledged that irregularities during pre-trial investigations might have procedural consequences. The commentary engages in a brief discussion of the case law of the Tribunal on the topic, noting that, while the Tribunal is not much concerned about state sovereignty, it takes the fundamental rights of accused seriously.