International Law Outline



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Prosecutor v. TodorovicBosnian Serb abducted from Serbia by four armed, masked men, and smuggled to Bosnia&Herzegovina.

  1. Struggled to get information related to arrest – trial chamber ordered NATO-led Stabilization Force to provide him with evidence

  2. Immediately – plea deal. T pleads guilty to ONE count of CAH, and they drop the 27 other charges. T also withdraws all motions re: arrest circumstances.

  • Prosecutor v. Nikolic - ICTY Appeals – 2003 (413-14)

    1. Reviews case law – two principles emerge:

      1. Special character of the offenses – good reason for not setting aside jurisdiction

      2. Absent complaint by state whose sovereignty was breached (or in event of diplomatic resolution of breach

    2. WEIGH state sovereignty concerns against damage to HR/humanitarian concerns

      1. Individual rights of accused v. essential rights of the state/int’l community

    3. As balancing test applied here – court can exercise jurisdiction

      1. Is this return to Eichmann? Made slightly more sophisticated?

        1. Eichmann wasn’t limited to particular offenses/categories of law.

    4. Certain things will affect balance

      1. Can’t torture someone to get them into jx.


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