ICTY - Prosecutor v Kupreškić et al. - IT-95-16

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

14/01/2000

Note – Notes:

Ruling:

The Trial Chamber found several accused guilty for the crimes against humanity of persecution, murder, and other inhumane acts. The Trial Chamber found not guilty the accused for the other counts of CAH and WC. The Trial Chamber acquitted the accused Dragan Papic of all the charges and ordered his immediate release.

Reference to obligations of criminalization:

Human dignity – though the Martens Clause – has been relied upon by the Trial Chamber for (indirectly) supporting the following obligation to criminalise:
cumulative attacks on military objectives causing incidental damages to civilians (para. 526)
reprisals against civilians in combat zones but not in the hands of the adversary (para. 527)

Reference to human dignity:

Martens Clause: paras. 521-536.

Norme penali italiane rilevanti – Relevant italian rules:

ICTY Statute:
Art. 5(h) – CAH of persecution
Art. 5(a) – CAH of murder
Art. 3 – WC of murder
Art. 5(i) – CAH of inhumane acts
Art. 3 – WC of cruel treatment

Parole chiave – Keywords:

Crimine di Guerra - War Crimes, Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Trattato - Treaty, Tribunale Penale per l'Ex-Iugoslavia - International Tribunal For The Former Yugoslavia