Duško Tadic
Encyclopedia
Duško Tadić is a Bosnian Serb war criminal, former SDS
leader in Kozarac
and a former member of the paramilitary forces supporting the attack on the district of Prijedor
. He was convicted of crimes against humanity, grave breaches of the Geneva Conventions
, and violations of the customs of war by the International Criminal Tribunal for the Former Yugoslavia
(ICTY) for his actions in the Prijedor
region, including the Omarska
, Trnopolje
and Keraterm
detention camps. He was sentenced to 25 years of imprisonment.
police in Munich
in 1994. He faced twelve counts of crimes against humanity, twelve counts of grave breaches of the Geneva Conventions, and ten counts of violations of the customs of war, to all of which he pleaded not guilty. His trial was to be held together with Goran Borovnica's, but Borovnica went missing in 1995 and was later declared dead.
On May 7, 1997, the Trial Chamber II found Tadić guilty on 9 counts and partially guilty on 2 counts. Tadić and the prosecution appealed on a number of grounds. One of the arguments required the court to determine whether or not the court was legitimate in its exercise of jurisdiction.
Specifically, Tadić argued that the court was illegitimately created through the United Nations Security Council.
Tadić's argument was based upon separation of powers. He essentially argued that the United Nations was an executive governmental branch and thus did not have the power to create a judicial body.
To resolve this argument, the court was forced to determine whether it was legitimately formed through the United Nations Security Council. The courts analysis began by determining if this was an issue of jurisdiction. It explained that this may not be a jurisdiction issue when jurisdiction is given a narrow definition. It then noted that a narrow definition of jurisdiction is not warranted in the international context. Thus it determined that Tadić's argument was one of jurisdiction.
Next, the court went on determine whether it had the power to evaluate its own jurisdiction. In coming to a conclusion, the court explained that a tribunal, in the international context, must assert its own jurisdiction within the bounds of the council that forms it. Consequently, it determined that it doesn't have the power to determine the «validity of its establishment by the security council.
Upon Tadić's appeal of the ruling, he was found guilty of several more charges. He is currently serving his sentence in Germany
.
Serbian Democratic Party
The Serbian Democratic Party is a political party in Bosnia and Herzegovina. It is led by Mladen Bosić...
leader in Kozarac
Kozarac
Kozarac is a town in northwestern Bosnia and Herzegovina, located in the Prijedor Municipality, near the city of Prijedor. It is located 10 km east of Prijedor and 45 km west of Banja Luka. The name Kozarac comes from a story saying Canyon from Kozara will make strong wind called Kozarac...
and a former member of the paramilitary forces supporting the attack on the district of Prijedor
Prijedor
Prijedor is a city and municipality in the north-western part of Bosnia and Herzegovina. It is situated in the Bosanska Krajina region....
. He was convicted of crimes against humanity, grave breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, and violations of the customs of war by the International Criminal Tribunal for the Former Yugoslavia
International Criminal Tribunal for the former Yugoslavia
The 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, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a...
(ICTY) for his actions in the Prijedor
Prijedor
Prijedor is a city and municipality in the north-western part of Bosnia and Herzegovina. It is situated in the Bosanska Krajina region....
region, including the Omarska
Omarska camp
Omarska camp was a concentration camp run by Bosnian Serb forces, in Omarska, a mining town near Prijedor in northern Bosnia and Herzegovina, set up during the Prijedor massacre for Bosniak and Croat men and women. Functioning in the first months of the Bosnian War in 1992, it was one of 677...
, Trnopolje
Trnopolje camp
Trnopolje camp was a concentration camp established in the village of Trnopolje near the city of Prijedor in northern Bosnia and Herzegovina in the first months of the Bosnian War.-History:...
and Keraterm
Keraterm camp
Keraterm camp was a concentration camp near the town of Prijedor in northern Bosnia and Herzegovina during the Bosnian War and genocide from 1992 to 1995. The camp was founded by the authorities of Republika Srpska and was used to collect and confine civilians of Bosniak and Bosnian Croat...
detention camps. He was sentenced to 25 years of imprisonment.
Trial
Tadić was arrested by GermanGermany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
police in Munich
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...
in 1994. He faced twelve counts of crimes against humanity, twelve counts of grave breaches of the Geneva Conventions, and ten counts of violations of the customs of war, to all of which he pleaded not guilty. His trial was to be held together with Goran Borovnica's, but Borovnica went missing in 1995 and was later declared dead.
On May 7, 1997, the Trial Chamber II found Tadić guilty on 9 counts and partially guilty on 2 counts. Tadić and the prosecution appealed on a number of grounds. One of the arguments required the court to determine whether or not the court was legitimate in its exercise of jurisdiction.
Specifically, Tadić argued that the court was illegitimately created through the United Nations Security Council.
Tadić's argument was based upon separation of powers. He essentially argued that the United Nations was an executive governmental branch and thus did not have the power to create a judicial body.
To resolve this argument, the court was forced to determine whether it was legitimately formed through the United Nations Security Council. The courts analysis began by determining if this was an issue of jurisdiction. It explained that this may not be a jurisdiction issue when jurisdiction is given a narrow definition. It then noted that a narrow definition of jurisdiction is not warranted in the international context. Thus it determined that Tadić's argument was one of jurisdiction.
Next, the court went on determine whether it had the power to evaluate its own jurisdiction. In coming to a conclusion, the court explained that a tribunal, in the international context, must assert its own jurisdiction within the bounds of the council that forms it. Consequently, it determined that it doesn't have the power to determine the «validity of its establishment by the security council.
Upon Tadić's appeal of the ruling, he was found guilty of several more charges. He is currently serving his sentence in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
.