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 | |  | | Goran Jelisic | | | context : | Former Yugoslavia  | | judgement place : | ICTY (Yugoslavia) | | status : | Sentenced | | particulars : | Acquitted on 19 October 1999 on the count of genocide but sentenced to 40 years in prison for 31 counts of crimes against humanity and for serious breaches of the laws and customs of war. Sentence was confirmed on Appeal on 5 July 2001 | | position : | Held no official role within a police, military or paramilitary body |
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| | | | By its judgment, the Trial Chamber made a contribution to international humanitarian law by detailing two important elements:
- Definition of 'hors de combat':
“Common Article 3 protects ‘[p]ersons taking no active part in the hostilities’ including persons ‘placed hors de combat by sickness, wounds, detention, or any other cause.’ Victims of murder, bodily harm and theft, all placed hors de combat by their detention, are clearly protected persons within the meaning of common Article 3.” (Jelisic, Trial Chamber, December 14, 1999, §. 34)
- Definition of genocide:
“ Genocide is characterised by two legal ingredients according to the terms of Article 4
of the Statute:
- the material element of the offence, constituted by one or several acts enumerated in
paragraph 2 of Article 4;
- the mens rea of the offence, consisting of the special intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such”.
(Jelisic, Trial Chamber, December 14, 1999, §. 62). | |    | |  |  | | nationality : | | | Bosnia and herzegovina | | | date of birth : | | | 07.06.1968 | | | also known as : | | | Adolf | | | last time seen : | | | Italie | | | period of charges : | | | 01.05.1992 - 31.05.1992 | | | judgement period : | | | 26.01.1998 - 05.07.2001 | | | charges : | | | Crimes against humanity
War crimes | | | profile last modified : | | | 10.12.2009 |
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