Wednesday 26 May 2010

Can One Prosecute A Dead Man?

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There’s an interesting snippet in the morning papers today. The family of the fugitive ex-Bosnian Serb army chief, Ratko Mladic, is seeking to have him declared officially dead.

Mladic is wanted by the International Criminal Tribunal for the former Yugoslavia on war crimes charges, including genocide, in connection with the 1992-95 Bosnia war. He has been on the run since 1975 and is thought to be hiding in Serbia.

Now his family want him declared dead so that his wife can collect a state pension and also sell his property. Which seems fair enough I suppose.

But, if she succeeds in declaring her husband officially dead - can he be prosecuted?

Can a dead man be prosecuted? It’s a very interesting question.
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