1/19/2024 0 Comments Definition of armed conflict given by appeals chamber of the international criminal tribunalThey are nevertheless worthy of discussion, if only to raise a challenge to display more humanity in armed conflicts. Some cases even come to solutions that clearly violate IHL. As per the disclaimer, neither the ICRC nor the authors can be identified with the opinions expressed in the Cases and Documents. Laura Tribess, student at the University of Geneva (Switzerland) and the University of Freiburg (Germany), under the supervision of Professor Marco Sassòli and Mr. George Dvaladze, teaching and research assistant, both at the University of Geneva. While the Trial Chamber and the Appeals Chamber agree on the first issue, their disagreement on the second issue along with two dissenting opinions on the question opens the ground for an in-depth discussion of the protection of cultural heritage in armed conflicts.Ĭase prepared by Ms. Two IHL issues raised in this case will be in the focus of this discussion: First, the classification of the Muslim members of the HVO detained by the HVO, and second, the destruction of the symbolic Old Bridge of Mostar. The accused were part of the Croatian Defence Council (HVO), the supreme executive, administrative and military body of Herceg-Bosna run by ethnic Croats that was involved in an armed conflict with the mainly Muslim armed forces of Bosnia and Herzegovina (ABiH). In this case, the International Criminal Tribunal for the former Yugoslavia (ICTY) sentenced the six accused for crimes committed within the context of the dissolution of the former Yugoslavia, on those parts of the territory of Bosnia and Herzegovina claimed as part of Herceg-Bosna.
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