UDC 341.645.2(497.1)
Biblid: 0543-3657, 63 (2012)
Vol. 63, No 1148, pp. 38-51

Original Scientific Paper

Hague justice through prism of new forms of criminal responsibility

Marković Darko (Msc.), deinym19@gmail.com

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (ICTY) was established by Resolution 827 of the UN Security Council, on 25th May 1993. Such establishment of the international tribunal led to it being disputed, primarily due to the fact that it was established by the UN body, which does not have judicial authorizations and therefore cannot transfer them to one of its subsidiary organs. However, the ICTY has successfully fought all challenges of such nature out, but it triggered a series of debates in the professional community with promotion of new forms of criminal responsibility - from impugnment to unconditional approval. With critical review of specific interpretation of the concept of command responsibility and construction of joint criminal enterprise through practice of ICTY, the autor points out the tribunal’s inconsistency in interpretation of these forms of criminal responsibility, as well as the presence of elements of strict liability, otherwise unallowed in criminal law.

Keywords: crime, tribunal, ICTY, command responsibility, JCE, joint criminal enterprise