THE PROSECUTION OF UNLAWFUL ATTACK CASES BEFORE THE ICTY

The prohibition of attacks directed against civilians and civilian objects is a logical implication of the principle of distinction and an essential part of International Humanitarian Law. There is a dearth of war crimes cases focusing on unlawful attacks, perhaps because such cases have been regard...

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Bibliographic Details
Published in:Yearbook of international humanitarian law 2004-12, Vol.7, p.153-189
Main Author: Fenrick, William J.
Format: Article
Language:English
Subjects:
Civilians
Court hearings & proceedings
Crimes against humanity
Criminal sentences
Humanitarianism
Imprisonment
Indictments
International law
Military officers
Murders & murder attempts
Prosecutions
Trials
War crimes
Witnesses
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Summary:The prohibition of attacks directed against civilians and civilian objects is a logical implication of the principle of distinction and an essential part of International Humanitarian Law. There is a dearth of war crimes cases focusing on unlawful attacks, perhaps because such cases have been regarded as simply too difficult to prosecute. Recently, such cases have been prosecuted before the International Criminal Tribunal for the former Yugoslavia. The article reviews these cases and the experience of the prosecutors to provide guidance for those involved in such prosecutions in future and for those involved in advising military forces or evaluating military operational conduct.
ISSN:1389-1359
1574-096X
DOI:10.1017/S1389135904001539