![]() 68: “Article 3 of the Statute is a general and residual clause covering all serious violations of international humanitarian law not falling under Articles 2, 4 or 5 of the Statute.” Kunarac, Kovac and Vokovic, (Appeals Chamber), June 12, 2002, para. In other words, Article 3 functions as a residual clause designed to ensure that no serious violation of international humanitarian law is taken away from the jurisdiction of the International Tribunal.” Article 3 is a fundamental provision laying down that any ‘serious violation of international humanitarian law’ must be prosecuted by the International Tribunal. confers on the International Tribunal jurisdiction over any serious offence against international humanitarian law not covered by Article 2, 4 or 5. 87, 91: “A literal interpretation of Article 3 shows that: (i) it refers to a broad category of offences, namely all ‘violations of the laws or customs of war’ and (ii) the enumeration of some of these violations provided in Article 3 is merely illustrative, not exhaustive.” “Article 3. Tadic, (Appeals Chamber), Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction, October 2, 1995, para. ![]() (e) plunder of public or private property.” b) Generally i) Article 3 of the Statute functions as a residual clause, covering any serious violation of humanitarian law not covered by other Articles of the Statute ![]() (d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science (c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings ![]() (b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity (a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering Such violations shall include, but not be limited to: “The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. > II) WAR CRIMES: VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR (Article 3) a) Statute Case Law of the International Criminal Tribunal for the Former Yugoslavia: II) WAR CRIMES: VIOLATIONS OF THE LAWS OR CUSTOMS OF WAR (Article 3) ![]()
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