2002 Austl. Int'l L.J. 275 (2002)
Prosecutor v. Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic - Appeals Chamber International Criminal Tribunal for the Former Yugoslavia

handle is hein.journals/austintlj19 and id is 293 raw text is: [2002] Australian International Law Journal

CASENOTE
PROSECUTOR
V
DRAGOLJUB KUNARAC, RADOMIR KOVAC AND ZORAN VUKOVIC*
Appeals Chamber
International Criminal Tribunal for the Former Yugoslavia
I. INTRODUCTION
The Security Council created the International Criminal Tribunal for
the Former Yugoslavia (ICTY) in 1991 acting under Chapter VII of
the Charter of the United Nations and pursuant to the ICTY Statute.
The aim of this tribunal is to prosecute persons responsible for serious
violations of international humanitarian law committed in the former
Yugoslavia since 1 January 1991.1 Its competence includes prosecuting
persons for violating the laws or customs of war,2 crimes against
humanity,3 and other crimes4 occurring within its jurisdiction.
A number of indictments have since been brought before this tribunal,
which has both an original and appellate jurisdiction. On 12 June 2002,
the ICTY Appeals Chamber rendered its judgment in Prosecutor v
Dragoijub Kunarac, Radomir Kovac and Zoran Vukovic, more
commonly known as Kunarac et al.5 This case has carved a niche for
itself because it clarified the definition of several crimes under the
ICTY's jurisdiction, particularly the status of rape as a crime under
customary international law.6
* Appeals Chamber, 12 June 2002, [2002] Case Nos IT-96-23 and 23/1-A.
Security Council resolution 827 was adopted on 25 May 1993; see ICTY Statute
Articles 1 and 8.
2 ICTY Statute Article 3.
3 Ibid Article 5.
4 For example, the ICTY Statute provides for grave breaches of the Geneva
Conventions under Article 2 and genocide under Article 4.
5 See Prosecutor v Dragoljub Kunarac, Radomir Kovac and Zoran Vukovic, IT-96-
23-T and IT-96-23/1-T.
6 ICTY Press Release No 679, The Hague, 12 June 2002 (CVO/PIS/679-E) at <www.
un.org/icty/pressreal/p679-e.htn> (visited July 2002).

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