Legal Material

Krajina, Prosecutor v Brđanin (Radoslav), Trial Judgment, Case No IT-99-36-T, ICL 121 (ICTY 2004), 1st September 2004, Trial Chamber II (ICTY)



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The requirements for the establishment of individual criminal responsibility based on participation in a first or third category joint criminal enterprise.

The mens rea requirement for the crime of extermination.

The factors which distinguished deportation from forcible transfer.

Whether an accused could have been held criminally responsible pursuant to the doctrine of command responsibility for the crime of genocide.

Whether genocide was committed in the Autonomous Region of Krajina between April and December 1992.

Whether the denial of certain fundamental rights could have constituted persecution for the purposes of the Statute.

Keywords: Armed conflict, international; Armed conflict, non-international; Crimes against humanity; Crimes against humanity, deportation; Crimes against humanity, extermination; Crimes against humanity, persecution; Crimes against humanity, torture; Customary international law; Ethnic cleansing; Evidence; Genocide; International humanitarian law, grave breaches of the 1949 Geneva Conventions; International criminal law, actus reus; Genocide, dolus specialis; Individual criminal responsibility; International criminal law, mens rea; International criminal law, sentencing; International criminal law, command responsibility; International humanitarian law, protected persons and property; International humanitarian law, military necessity; International criminal law, right to silence; International humanitarian law, violations of the laws or customs of war

Legal Material.  224112 words. 

Subjects: Public International Law ; International Law ; Law

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