Case Commentary On Prosecutor V. Blaškić (International Criminal Law And Human Rights)
Mr. Eshwar P. Mundhe, LL.M., Deccan Education Society, Shri. Navalmal Firodia Law College, Pune
Ms. Amruta Oke, Asst. Professor, Deccan Education Society, Shri. Navalmal Firodia Law College, Pune
ABSTRACT
Armed conflicts often cause serious violations of human rights and international humanitarian law, particularly when civilians and persons who are not taking part in hostilities become victims of violence. The case of Prosecutor v. Tihomir Blaskic is an important decision of the International Criminal Tribunal for the former Yugoslavia (ICTY) concerning war crimes, crimes against humanity, and the criminal responsibility of military commanders. The case arose from the conflict in Central Bosnia and Herzegovina, particularly the Lasva Valley region, where Bosnian Muslim civilians were subjected to attacks, unlawful detention, mistreatment, destruction of property, forced displacement, and the use of detainees as human shields. This study will examine the legal issues involved in Prosecutor v. Blaskic, with particular focus on individual criminal responsibility and superior or command responsibility under international criminal law. It will analyze the responsibility of military commanders for crimes committed by their subordinates, including the requirements of effective control, knowledge or “reason to know,” and the duty to prevent or punish crimes.
The study will also examine important issues relating to unlawful attacks against civilians, cruel and inhuman treatment, detention, hostage-taking, the use of protected persons as human shields, and persecution as a crime against humanity. The study will further analyze the findings of the Trial Chamber and the Appeals Chamber, particularly the correction of the legal standards applied to command responsibility and individual responsibility. The Appeals Chamber reversed several of Blaskic’s convictions and reduced his sentence from 45 years to 9 years, while affirming certain findings concerning detention-related crimes, the use of protected persons for military construction, and the inhuman treatment of detainees used as human shields. The study will evaluate the contribution of the Blaskic judgment to the development of international criminal jurisprudence and its continuing relevance to the principles of command responsibility, effective control, mens rea, protection of civilians, and accountability for serious violations of international humanitarian law.
