Prosecutor v.

Tadic case brief

Prosecutor v. Tadic

Procedural History:
Tadic (D) was prosecuted for alleged war crimes committed at a Serb-run
concentration camp in Bosnia-Herzegovina.
Overview:
Tadic (D) was prosecuted for alleged war crimes committed at a Serb-run
concentration camp in Bosnia Herzegovina. TadiC (D) challenged the tribunals
jurisdiction as exceeding the authority of the U.N. Security Council. The trial court
dismissed the challenge and Tadic (D) appealed.
Issue:
Does the International Tribunal have jurisdiction to examine the plea against its
jurisdiction based on the invalidity of its establishment by the Security Council?
Rule:
The international tribunal has jurisdiction to examine the plea against its jurisdiction
based on the invalidlty of its establishment by the security council
Analysis:
Tadic (D) attacked the authority of the Security Council to establish a tribunal for the
determination of a criminal charge. The tribunal is authorized to be established for
the determination of such charges so long as it is established by law. The Council
requires that it be set up by a competent organ in keeping with relevant legal
procedures, and that it observes the requirements of procedural fairness.
Outcome:
(Judge Cassese, Presiding; Judges Li, Deschenes, Abi-Saab, and Sidhwa) Yes. The
International Tribunal has jurisdiction to examine the plea against its jurisdiction
based on the invalidity of its establishment by the Security Council. For an
international tribunal to be established according to rule of law, it must be
established in accordance with the proper international standards; it must provide all
guarantees of fairness, justice, and evenhandedness, in full conformity with
internationally recognized human rights instruments. When a tribunal such as the
present one is created, it necessarily must be endowed with primacy over national
courts.