International Criminal Tribunal for the former Yugoslavia as party to the conflict

E654921

interpretive concept in international criminal law legal characterisation

The International Criminal Tribunal for the former Yugoslavia as party to the conflict refers to the tribunal’s formal recognition of certain armed groups, such as the Army of Republika Srpska, as participants in the Yugoslav Wars for the purposes of international criminal accountability.

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All labels observed (1)

Label	Occurrences
International Criminal Tribunal for the former Yugoslavia as party to the conflict canonical	1

Statements (44)

Predicate	Object
instanceOf	interpretive concept in international criminal law ⓘ legal characterisation ⓘ
aimsToClarify	the legal status of non-state armed groups in armed conflicts ⓘ which entities qualify as parties to an armed conflict under international law ⓘ
appliesTo	Army of Republika Srpska NERFINISHED ⓘ Croatian Defence Council NERFINISHED ⓘ armed groups involved in the Yugoslav Wars ⓘ various units of the Yugoslav People’s Army ⓘ
basedOn	Geneva Conventions of 1949 NERFINISHED ⓘ ICTY Statute NERFINISHED ⓘ customary international humanitarian law ⓘ
clarifiedIn	Prosecutor v. Karadžić (ICTY) NERFINISHED ⓘ Prosecutor v. Kordić and Čerkez (ICTY) NERFINISHED ⓘ Prosecutor v. Krstić (ICTY) NERFINISHED ⓘ Prosecutor v. Mladić (ICTY) NERFINISHED ⓘ Prosecutor v. Tadić (ICTY) NERFINISHED ⓘ
context	Yugoslav Wars of the 1990s NERFINISHED ⓘ armed conflicts in Bosnia and Herzegovina ⓘ armed conflicts in Croatia ⓘ armed conflicts in Kosovo ⓘ
distinguishedFrom	the ICTY as an institution ⓘ the ICTY’s role as a judicial body rather than a belligerent party ⓘ
hasAspect	application of Additional Protocol II standards by analogy ⓘ application of common Article 3 of the Geneva Conventions ⓘ assessment of command structure and organization of armed groups ⓘ assessment of state involvement or control over armed groups ⓘ distinction between civilians and combatants ⓘ recognition of de facto armed forces as parties to conflict ⓘ
hasPurpose	to determine the existence and nature of armed conflicts under international humanitarian law ⓘ to identify parties to an armed conflict for the purposes of individual criminal responsibility ⓘ
influenced	interpretation of armed conflict in later international tribunals ⓘ subsequent international criminal jurisprudence on parties to conflict ⓘ
involvesConcept	classification of conflicts as international or non-international ⓘ identification of organized armed groups ⓘ nexus between crimes and armed conflict ⓘ threshold of intensity of violence ⓘ
notToBeConfusedWith	any claim that the ICTY itself was a party to the Yugoslav conflicts ⓘ
refersTo	the ICTY’s legal recognition of certain armed groups as parties to an armed conflict ⓘ
relatedTo	individual criminal responsibility for crimes against humanity ⓘ individual criminal responsibility for genocide ⓘ individual criminal responsibility for war crimes ⓘ
usedIn	ICTY appeals judgments ⓘ ICTY jurisprudence ⓘ ICTY trial judgments ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Army of Republika Srpska → recognizedBy → International Criminal Tribunal for the former Yugoslavia as party to the conflict ⓘ