Crimes Against Humanity

Crimes Against Humanity
(Final Examination Essay Questions)Crimes Against Humanity
(Final Exam – Essay Questions)
I. Discuss how the trial for Dusko Tadic was similar and different from the Nuremberg trials against captured Nazi officials. What was the most significant outcome of the Tadic trial
The Tadic trial was similar to the Nuremberg trials because for one it revolved around violations of human rights. Both situations required the court to reconstruct historical events to determine the guilt of those involved. In the case of the Nazis, the meticulous records they kept of prisoners in concentration camps were used to incriminate them. In Bosnia mass graves were dug up to determine the scope of the crime (Saskatoon, 2002). Unlike Nuremberg, both sides were allowed to appeal. The Appeals Chamber denied Tadic’s appeal on all grounds but reversed the trial court’s judgment of not guilty as to nine counts including the murder charges. Tadic was sentenced to twenty years in prison. There were four other major changes in procedures: (1) no death penalty; (2) no trials in absentia; (3) better treatment of the defense counsel with regard to discovery of evidence; and (4) the right to appeal (Ehrenfreund, 2007).
The decision represents a historical precedent in international law, for it establishes that an individual can be found criminally responsible for serious violations of the laws or customs of war and crimes against humanity, including persecution, in a fair trial before a truly international criminal court. Also, what was significant was its findings regarding the applicability of the grave breach provisions of the Geneva Conventions to Tadic’s victims pursuant to Article 2 of the ICTY Statute, its interpretation of crimes against humanity and its interpretation of accomplice liability under article 7(1) of the ICTY Statute (Pronk & Tittemore, 1997).II. Did NATO wage a “just war” against the Serbs in the former Yugoslavia? Defend your…