Recent Legal Developments: The Judgement of the International Criminal Tribunal for the Former Yugoslavia in Prosecutor v. Mladen Naletilić and Vinko Martinović

This article focuses on three specific legal developments arising from the Martinović and Naletilić Judgement of the ICTY. The first issue is the possibility of prisoners of war consenting to perform otherwise prohibited labour under Geneva Convention III. The second relates to the legal definition of occupation within the meaning of Geneva Convention IV. The third issue concerns the trial chamber's analysis of the discriminatory requirement as an element of the offence of persecution.