Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Reprisals and the Protection of Civilians: Two Recent Decisions of the Yugoslavia Tribunal

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The prohibitions in Protocol I on reprisals against the civilian population and civilian objects are of interest because of the strong differences of opinion and intense debate that preceded their adoption, the uncertainty how, once adopted, they would fare in actual practice, and the silence on the subject of reprisals in Protocol II on internal armed conflicts. In this light, it should be welcomed that the International Criminal Tribunal for the Former Yugoslavia (ICTY) has twice found an opportunity to express its views on the subject. The cases are, in chronological order, the Decision of Trial Chamber I of 8 March 1996 in a "Rule 61 procedure" concerning Milan Martić, and the Judgement of Trial Chamber II of 14 January 2000 in the case of The Prosecutor v. Zoran Kupreškic et al.

Keywords: civilian objects; civilian population; ICTY; internal armed conflicts; Milan Martić rule; trial chamber; Zoran Kupreškic case



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Reflections on the Law of War — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation