Jurisprudence of the International Criminal Tribunal for the Former Yugoslavia - Current Survey Faiza Patel King * and Anne-Marie La Rosa ** Download the Complete Survey (RTF Format) Table of Contents Introduction 1 Subject Matter Jurisdiction A Article 1 - Existence of Armed Conflict and Nexus with Acts of the Accused B Article 2 - Grave Breaches C Article 3 - Laws and Customs of War D Article 5 - Crimes against Humanity E Summary 2 Elements of the Crimes A Cruel Treatment B Inhumane Acts C Persecution D Murder E Summary 3 The Tribunal's Authority to Order States and Individuals to Provide Evidence A Procedural Background B The Trial Chamber's Decision 1 Authority to Subpoena States 2 Authority to Subpoena Individuals 3 Limits on the Tribunal's Subpoena Power C The Appeal 1 Authority to Subpoena States 2 Authority to Subpoena Individuals 3 Limits on the Tribunal's Subpoena Power D Summary Introduction This part of the European Journal of International Law's web site will allow readers to follow current developments in the jurisprudence of the International Criminal Tribunal for the Former Yugoslavia ("Tribunal"). The jurisprudence of the Tribunal will be analysed on the basis of the main international law issues that have been considered by the Tribunal's Trial and Appeals Chambers and not necessarily on a case by case basis. The text on particular issues will be updated from time to time to reflect the evolution of the Tribunal's jurisprudence.1 The review of the Tribunal's jurisprudence will begin as of 1 January 1997. 2 This first current developments section on the Tribunal covers three main issues: the Tribunal's subject matter jurisdiction; the elements of certain crimes within the Tribunal's jurisdiction; and the Tribunal's authority to order states and individuals to provide evidence. These issues were addressed at length in two cases: Prosecutor v. Tadiæ and Prosecutor v. Blaskiæ . * Legal Officer, Organisation for the Prohibition of Chemical Weapons; previously served as law clerk in the Chambers of the International Criminal Tribunal for the Former Yugoslavia. Member of the New York and Washington, D.C. bars. ** Legal Officer, International Labour Office; previously served as law clerk in the Chambers of the International Criminal Tribunal for the Former Yugoslavia. Member of the Quebec bar. The views expressed herein are those of the authors in their personal capacities and do not necessarily represent those of any organizations with which they are or were affiliated. 1 A version of this review will appear in the Belgian Journal of International Law (1998). 2For an examination of the decisions rendered by the International Criminal Tribunal for the Former Yugoslavia ( the "Tribunal") from 1994 to 1996, as well as a discussion on the procedural framework of the Tribunal, see King and La Rosa, "The Jurisprudence of the Yugoslavia Tribunal: 1994-1996", 8 EJIL (1997) 123.
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