The moral element of the crimes retained by the international criminal tribunal for the former Yougoslavia
The moral element of the crimes retained by the international criminal tribunal for the former Yougoslavia

Summary/Abstract: Being influenced by the legal systems of the continental law as well as common-law, the creation of the Statute of the International Criminal Tribunal for the former Yugoslavia, faced some problems the moment the Tribunal had to interpret the mens rea of the crimes over which it retained jurisdiction.As such, it was necessary for the court to lead an ample analysis of the elements of the crimes within the Statute from point of view of the required general mental element as well as from the specific intent, in order for a conviction to be entered. Knowing that a criminal trial has to be both effective and equitable, with respect of the accused’s rights to a fair trial, the judges tried to conclude the criminal proceedings as fast as possible with respect of human rights and inherent fundamental rights during a criminal trial. The following article will make a short analysis of the International Criminal Tribunal for the former Yugoslavia’s case-law, by underlining the by the judges reached solutions and results as well as the, in the doctrine and jurisprudence expressed different opinions.

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