Antonio Cassese (‘Nino’) was the first President of the International Criminal Tribunal for the former Yugoslavia (ICTY), established by the Security Council of the United Nations to prosecute those responsible for war crimes and other international crimes committed in the territory of the former Yugoslavia since 1 January 1991. In his capacity as President of the ICTY, Nino was also the President of the ICTY Appeals Chamber when it delivered a landmark decision in 1995, in the Tadić case, asserting that the notion of war crimes is not limited to international armed conflict, but also applies in the context of non-international armed conflict. This decision therefore contributed to narrowing the divide between the international regulation of international and non-international armed conflict.

In this episode, the co-hosts discuss the background and the impact of the decision with Georges Abi-Saab, honorary professor of the Graduate Institute of International and Development Studies, Geneva, and at the time a Judge at the ICTY serving in the Appeals Chamber. Professor Abi- Saab also describes the early days at the ICTY, highlighting the challenges that the Tribunal had to face but also the enthusiasm of all those involved in the building of this newly established institution. The episode also features an excerpt of an interview of Nino when he was President of the ICTY, explaining the evidentiary challenges to bring the political and military leaders of a country to account for the commission of war crimes and other international crimes. 

The episode ends the mini-series dedicated to Antonio Cassese, in the hope that this will help continue the legacy of a giant of international law and would be of inspiration to all those who want to contribute to make the world a better place. 

Links

- ICTY Appeals Chamber decision in the Tadić case, 2 October 1995 (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction)

- Separate Opinion of Judge Georges Abi-Saab, appended to the ICTY 1995 Appeals Chamber’s decision in the Tadić  case (Separate Opinion of Judge Abi-Saab to the Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction)

- UN Audiovisual Library - World Chronicle Program 572: Michael Littlejohns interviews Judge Antonio Cassese, President of the International Criminal Tribunal for Former Yugoslavia

- A. Cassese, International Law in a Divided World, Oxford, Clarendon Press; New York, Oxford University Press, 1986

- A. Cassese (ed.), The New Humanitarian Law of Armed Conflict, 2 vol., Napoli, Editoriale scientifica, 1979-c1980

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Credits for the production go to Janet Anderson, Stephanie van den Berg and Ilaria Molinari. The logo for this podcast has been designed by https://delrossostudio.com/