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Prosecutor v. Tadić | Case No. IT-94-1-AR72, 35 I.L.M. 32 (1996)
International law poses challenges different from federal and state law. One such challenge is identifying the sources and scope of international law. Prosecutor versus Tadić demonstrates this.
Starting in the nineteen eighties, Yugoslavia’s ethnic groups went to civil war, resulting in the nation’s dissolution. The Yugoslav Wars, as they’re now known, involved brutal warfare and the mass killing of civilians now called ethnic cleansing.
In nineteen ninety-three, the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia. The tribunal then charged Duško Tadić with committing atrocities in a Serbian-run concentration camp.
Tadić argued that the tribunal didn’t have jurisdiction over him because it was illegally constituted, wrongfully deprived national courts of their rightful jurisdiction over him, and lacked subject-matter jurisdiction over his alleged offense. The tribunal’s trial chamber denied Tadić’s motion, and Tadić appealed to the tribunal’s appeals chamber.
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