ABSTRACT

The destruction of cultural heritage during the Second Gulf War had revived concerns about the Convention's inadequacy with regard to the definition of military necessity' and its conformity with current international humanitarian law. These cultural heritage reports were used in more than one International Criminal Tribunal for the former Yugoslavia (ICTY) prosecution, including those of Momilo Krajinik, Slobodan Miloevi, Radovan Karadi and Vojislav eelj. As part of the ICTY's completion strategy, a number of its cases were transferred to be tried in Bosnia at the War Crimes Chamber (WCC) of the Court of Bosnia and Herzegovina. Following the Republika Srpska (RS) Supreme Court judgment, the Islamic Community announced its intention to lodge an appeal with the Constitutional Court of Bosnia and Herzegovina and to pursue the case as far as the European Court of Human Rights in Strasbourg if they did not receive justice in Bosnia-Herzegovina.