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

A problematic application of international humanitarian law regarding 'dual-use objects' emerges from the ICTY's adjudication on the destruction of Mostar's Old Bridge. The study critically examines the Trial and Appeals Chamber judgments, focusing on the concepts of military necessity and proportionality. It argues that the Prlić et al. Appeal Judgment misapplies these principles when assessing whether targeting objects with both military and civilian functions is permissible under international law. This analysis highlights a significant legal ambiguity in cases involving heritage sites with dual-use significance, potentially setting a precedent for future interpretations.

Cotter, M. (2018). 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. Journal of Conflict and Security Law, 23(2), 283–305. https://doi.org/10.1093/jcsl/kry015