Tadic case: Prosecutor files notice of appeal against Judgement.

Tadic case: Prosecutor files notice of appeal against Judgement.

On 6 June 1997, the Prosecutor of the International Tribunal filed a notice of appeal against the "Opinion and Judgment" of Trial Chamber II in the Tadic case, rendered on 7 May 1997.

Grounds of Appeal

1. The majority (Judges Stephen and Vohrah) erred in not finding the grave breaches provisions of the Statute applicable;

2.The Trial Chamber erred in not finding beyond a reasonable doubt that the accused took part in the killing of any or all of the five men from Jaskici;

3. The Trial Chamber erred in holding that an element of a crime against humanity is that the accused must know that the attack is part of widespread or systematic attack on a civilian population;

4. The Trial Chamber erred in holding that discriminatory intent is an element of all crimes against humanity;

5. The majority (Judges Stephen and Vohrah) erred in denying the Prosecution motion for production of witness statements (Decision of 27 November 1996).

The Prosecutor seeks the following relief:

. A reversal of the challenged decisions listed above under 1, 2, 3 and 4.

2. A review of the decision listed in 5 above.

Lastly, the Prosecutor seeks a deferral of any hearing related to this appeal until after the expiration date for any appeal on a sentence, or any such later period as may be ordered.

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International Criminal Tribunal for the former Yugoslavia
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