Friday, September 24, 2010

Dictum of the day, or on aggrieved humanity

The defense makes this inference based on the general fact of the Judge’s Bosniak ethnic background (...) The interpretation of the notion of an aggrieved party used in the appeals is, in the opinion of this Panel, too broad. Its strict application would result in the situation that not a single individual could perform a judicial function in the cases of criminal offences against humanity in general, because the protected object in such matters are universal values common to the whole mankind. Similarly, in cases of involving Crimes against Humanity, an important element of the offence is an attack against any civilian population. Accordingly, if the standards submitted in the appeal were to be applied, all civilians would be disqualified from trials as aggrieved parties.

Prosecutor's Office of Bosnia and Herzegovina v. Miloš Stupar, Milenko Trifunović, Brano Džinić, Aleksandar Radovanović, Slobodan Jakovljević, Branislav Medan and Milovan Matić, Court of Bosnia and Herzegovina, Appellate Panel Verdict, X-KRŽ-05/24, 9 September 2009, para. 100, 105.

No comments: