Cookies Policy
X

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

Critique of the Mrkšić Trial Chamber (ICTY) Judgment: A Re-evaluation on Whether Soldiers Hors de Combat Are Entitled to Recognition as Victims of Crimes Against Humanity

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

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 article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of The Law & Practice of International Courts and Tribunals

On 27 September 2007, the Mrkšić Trial Chamber held that the unlawful killing of soldiers hors de combat ("out of the battle") did not entitle them to recognition as victims of crimes against humanity under Article 5 of the ICTY Statute. This article critically analyses the Court's mischaracterization of precedent, revealing both historical and contemporary support for a broader definition of "civilian population" under Article 5. Moreover, by looking at case law and statutes from Nuremberg, foreign countries, and international courts, a continuous pattern that encompasses soldiers hors de combat within the definition of "civilian population" begins to emerge. Ultimately, to validate the increasing role of international humanitarian and human rights law, international criminal law must provide greater protections for those most vulnerable, in this case, soldiers hors de combat.

Affiliations: 1: California Western School of Law, San Diego, CA 92101, USA

10.1163/157180309X451105
/content/journals/10.1163/157180309x451105
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157180309x451105
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157180309x451105
Loading

Article metrics loading...

/content/journals/10.1163/157180309x451105
2009-07-01
2016-12-03

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation