Rank of the accused

Notion(s) Filing Case
Appeal Judgement - 19.05.2010 BOŠKOSKI & TARČULOVSKI

52. The Appeals Chamber recalls that pursuant to Article 1 of the Statute, the Tribunal is not limited in its jurisdiction to prosecute persons of a specific level of authority.[1] Indeed, a number of accused who had low-ranking positions in the military or the police or did not have any official position at all have been prosecuted and convicted by the Tribunal.[2] Hence, the subordinate role of an accused is legally irrelevant in determining his individual criminal responsibility. […]

[1] Article 1 of the Statute provides: […].”

[2] Cf. Erdemović Sentencing Judgement, paras 92-95; Tadić Sentencing Judgement, para. 60; Banović Sentencing Judgement, paras 45 and 91; Češić Sentencing Judgement, para. 37; Mrđa Sentencing Judgement, para. 53. See also Report of the Secretary-General pursuant to paragraph 2 of Security Council Resolution 808 (1993) and Annex thereto, U.N. Doc. S/25704, para. 54: “all persons who participate in the planning, preparation or execution of serious violations of international humanitarian law in the former Yugoslavia contribute to the commission of the violation and are, therefore, individually responsible” (emphasis added).

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ICTY Statute Article 1