Armed conflict in Bosnia-Herzegovina - war crimes - aiding and abetting liability - specific direction - command responsibility - effective control

摘要

On February 28, 2013, the appeals chamber (Chamber) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) overturned the 2011 conviction of General Momcilo Perisic, the former head of the Yugoslav Army (VJ), for aiding and abetting war crimes in Bosnia-Herzegovina and Croatia. By a 4-1 vote, the Chamber held that "specific direction" is an essential element of liability for the actus reus of aiding and abetting the crimes of murder, extermination, inhumane acts, attacks on civilians, and persecution as crimes against humanity and/or violations of the laws or customs of war. It also held that Perisic lacked the necessary "effective control" over his subordinates to subject him to command responsibility for their violations of the laws and customs of War.