Prosecutor v. Tadić (Judgment)

Abstract

1Human rights — Crimes against humanity — Scope of concept of crimes against humanity — Widespread or systematic violations of human rights — Requirement of discriminatory intent — Persecution as a crime against humanity — Systematic denial of fundamental human rights — Concept of cruel treatmentInternational criminal law — Grave breaches of the Geneva Conventions — Concept of individual criminal responsibility in international law — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 — Requirements — Existence of international armed conflict — Requirement that victims be protected persons — Whether satisfied in case of victims of conflict in Bosnia and HerzegovinaInternational criminal law — War crimes — Definition — Essential elements — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 3International criminal law — Crimes against humanity — Whether international law requires nexus between crimes against humanity and armed conflict — Nuremberg precedent — Mental element required for crime against humanity — Requirement that attack be directed against any civilian population — Whether isolated act can constitute crime against humanity — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 5International criminal law — Individual criminal responsibility — Degree of participation required — Aiding and abetting — Whether presence at scene of crime sufficient — Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 7(1)International tribunals — International Criminal Tribunal for the Former Yugoslavia — Jurisdiction — Procedure — Evidential standardsWar and armed conflict — Armed conflict — Definition — Characterization of conflict as internal or international — Geographical and temporal scope of armed conflict — Whether law of armed conflict applicable to treatment of detainees in part of country where no actual fighting taking place — Internal armed conflicts — Definition2War and armed conflict — Civilians — Fourth Geneva Convention, 1949 — Definition of protected person — Requirement that protected person must be in the hands of a party to the conflict or occupying power of which he is not a national — Interpretation — Civilian detainees — Standards of treatmentWar and armed conflict — Internal armed conflicts — Common Article 3 to the Geneva Conventions, 1949 — Whether declaratory of customary international law — Persons not taking a direct part in hostilities — Definition — Whether applicable to captured members of armed forces