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

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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

10.1163/ej.9789004158252.i-1118.162
/content/books/10.1163/ej.9789004158252.i-1118.162
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