ORGAN HARVESTING AS ACTUS REUS OF INTERNATIONAL CRIMES

  • Tijana Šurlan, PhD Academy of Criminalistic and Police Studies, Belgrade

Apstrakt

Within the paper the author analyses whether organ harvesting forms actus reus of any international crime. Term organ harvesting is not emancipated term of either national or international law. It is still actus reus of crimes i.e. illegal trafficking in human beings. Yet, specific circumstances do pose a question of whether such a phenomenon can be prosecuted under other kind of crime. Up to now there is no international criminal courts jurisprudence on such a case. Yet, case of Yellow house on north Albania and Kosovo, since 1998, forms ground for theoretical reasoning and conclusion. Qualification of an act under the title of international crime brings itself application of two powerful international criminal law principles – non-application of statutory limitations and universal criminal jurisdiction.

Objavljeno
2015-04-30
Sekcija
Originalni naučni rad