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Chinese Journal of International Law Advance Access originally published online on May 20, 2008
Chinese Journal of International Law 2008 7(2):389-415; doi:10.1093/chinesejil/jmn016
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© The Author 2008. Published by Oxford University Press. All rights reserved

COURTS & TRIBUNALS

The International Criminal Tribunal for the Former Yugoslavia in 2007: Key Developments in International Humanitarian and Criminal Law

Frédéric Bostedt * and Joakim Dungel **

The year 2007 was again a very productive year for The International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991. This article examines the judgements rendered by the Tribunal in 2007 and highlights the principal developments in international humanitarian and criminal law at the Tribunal. Among many other issues, the Tribunal's 2007 jurisprudence clarified important aspects of three forms of individual criminal responsibility, namely, aiding and abetting ("by omission"), superior responsibility and the joint criminal enterprise doctrine.

* Attorney at Law, LL.B. (Munich), LL.M. (Victoria University of Wellington), Associate Legal Officer, International Criminal Tribunal for the former Yugoslavia (email: frederic_bostedt{at}yahoo.com).

** LL.M. (New York), LL.M. (Göteborg), Associate Legal Officer, International Criminal Tribunal for the former Yugoslavia (email: jpd327{at}nyu.edu). The views herein are those of the authors alone and do not necessarily reflect the views of the ICTY or the United Nations in general. This paper was completed in January 2008.


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