Odgovornost individua za zločin država
RESPONSIBILITY OF INDIVIDUALS FOR THE CRIME OF STATES

Summary/Abstract: Crimes committed in Bosnia and Herzegovina during the international armed conflict 1992-1995 have been the subject of numerous trials at the ICTY about determining of individual responsibility. The analysis of the ICTY work should provide answers to the following questions: Has the court succeeded enough in condemning of committers for the most serious crimes of international law?Has the determination of the individual responsibility of persons contributed to perceive the scope of overall criminal responsibility in committing of these crimes, as well as to direct towards the responsibility of states that stand indisputably behind the execution of mass and systematic crimes? Has this court made a step up related to the processes that took place in Nürnberg? What is the heritage of the ICTY regarding the individual responsibility and responsibility of the states? The ICTY has significantly developed the theory and set the foundations for development of international law in respect of the responsibility of the committers, but also set that guilt is widely individualized that the most serious violations of international law remained unpunished or insufficiently punished.

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