Law of War Workshop Deskbook - Higgins Counterterrorism ...

was purely internal. The court concluded that for a prosecution of agrave breach, the elements are:(a) One of eight listed acts committed;(b) International armed conflict; and(c) Act committed against a protected person or property.On July 15, 1999, the Appellate Chamber reversed the Trial Chamberand found that the conflict was international. Tadic was thereforefound guilty of 9 counts of grave breach by the Appellate Chamber.The Trial Chamber had based its finding of not guilty solely on thegrounds that the conflict was internal so the Appellate Chamberactually found him guilty of the counts rather than sending the caseback to the Trial Chamber.(3) In the Celebici case, the ICTY found that the indictment covered aperiod of international armed conflict. Three of the four accusedswere convicted of grave breaches.e. Genocide. Any of the listed acts committed with intent to destroy, inwhole or in part, a national, ethnic, racial or religious group.(1) Has been charged as persecution, murder, torture, serious bodily injurydone to ethnic groups at detention camps, and where civilians firedupon and killed due to national or ethnic affiliation. Includespreventing births within a group, transferring children of group,serious bodily injury to member of a group or killing members of agroup.(2) Not charged in Tadic case.(3) Genocide v. “Ethnic Cleansing.” Ethnic cleansing is a subset ofgenocide; it is not a separate crime.2. International Criminal Tribunal for Rwanda.a. Genocide. Same definition as above. Charged in all indictments for actssuch as torturing or killing of Tutsis.199Chapter 8War Crimes and Command Responsibility