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Prosecutor v. Tadic

International Criminal Tribunal for the Former Yugoslavia

Appeals Chamber, Case No. IT-94-1-AR72, 35 I.L.M. 32 (1996)

Relevant factsFree

Tadic (defendant), the first person tried by the UN Security-Council-created ICTY for war crimes at the Omarska concentration camp, argued the tribunal lacked jurisdiction because it was established in 1993 solely by Security Council resolution, without the participation or consent of the states of the former Yugoslavia, and therefore was not a tribunal "established by law" as required under international human-rights instruments like the International Covenant on Civil and Political Rights.

IssueFree

Whether general principles of international law require that international courts be "established by law."

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