Organ Harvesting As Actus Reus Of International Crimes Cover Image

Oduzimanje organa kao actus reus međunarodnih krivičnih dela
Organ Harvesting As Actus Reus Of International Crimes

Author(s): Tijana Šurlan
Subject(s): Criminal Law, International Law, Human Rights and Humanitarian Law, Transformation Period (1990 - 2010)
Published by: Institut za uporedno pravo
Keywords: organ harvesting; war crimes; crimes against humanity; international humanitarian law; international law of human rights;

Summary/Abstract: Within the paper the author analyses whether organ harvesting forms actus reus of any international crime. Term organ harvesting is not emancipated term of either national or international law. It is still actus reus of crimes i.e. illegal trafficking in human beings. Yet, specific circumstances do pose a question of whether such a phenomenon can be prosecuted under other kind of crime. Up to now there is no international criminal courts jurisprudence on such a case. Yet, case of Yellow house on north Albania and Kosovo, since 1998, forms ground for theoretical reasoning and conclusion. Qualification of an act under the title of international crime brings itself application of two powerful international criminal law principles – non-application of statutory limitations and universal criminal jurisdiction.

  • Issue Year: 2014
  • Issue No: 2
  • Page Range: 57-76
  • Page Count: 20
  • Language: Serbian