Military necessity, proportionality and dual-use objects at the ICTY: A close reading of the Prlić et al. Proceedings on the destruction of the old bridge of mostar

Abstract

This article offers a close reading of the ICTY's adjudication of the destruction of the Old Bridge of Mostar in the case of Prlić et al. It begins by exploring the elements of the crime of wanton destruction not justified by military necessity, the findings on which formed the crux of the legal issues at trial and on appeal. Specifically, it explores the assessment by the Trial Chamber and Appeals Chamber of the related international humanitarian law concepts of military necessity and proportionality. It argues that the Prlić et al Appeal Judgement represents a problematic application of the law which applies to the targeting of so-called 'dual-use objects': objects which qualify as military objectives, but which also simultaneously serve civilian functions.