Prosecutor v Duško Tadić aka ‘Dule’, Decision on the defence motion for interlocutory appeal on jurisdiction, 2nd October 1995 (Case No IT-94-1-AR72, (1996) 35 ILM 32), OXIO 62
International Criminal Tribunal for the Former Yugoslavia [ICTY]
- Jurisdiction — Armed conflict, international — Armed conflict, non-international — Crimes against humanity — Legality and legitimacy of tribunals
1. Whether the International Criminal Tribunal for the former Yugoslavia (ICTY) was competent to examine the legality of its establishment by the United Nations Security Council to determine its own jurisdiction. 2. Whether the United Nations Security Council was competent to establish a criminal tribunal by means of a Chapter VII of the United Nations Charter resolution without the consent of the target state. 3. Whether the ICTY held subject-matter jurisdiction over crimes committed in the context of non-international armed conflicts. This headnote pertains to:...