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International Law Keyed to Damrosche
Prosecutor v. Milutinovic et al
Facts
A group of government officials by the names Milutinovic(D), Sainovic (D), Ojdanic (D), Pavkovic (D), Lazarevic (D) and Lukic (D) were accused of being involved in participating in a joint criminal enterprise to modify the ethnic balance in Kosovo and Instigating and aiding and abetting various war crimes and crimes against humanity as set out in Articles 7 (1) and 7 (3) of the Statute of the Tribunal of the International Criminal Tribunal for the former Yugoslavia, to further the goals of that criminal enterprise. The defendants were accused of; deportation, a crime against humanity (count 1); forcible transfer as “other inhumane acts” a crime against humanity (count 2); murder, a crime against humanity and violation of the laws or customs of war (count 3 and 4); and persecution, a crime against humanity (count 5).In order to modify the ethnic balance in Kosovo to ensure continued control by the Federal Republic of Yugoslavia (FRY) and Serbian authorities over the province, the accused were alleged to have participated along with others in a joint criminal enterprise in order to achieve this aim. This aim was to be realized through a widespread or systematic campaign of terror against the Kosovo Albanian population, including various crimes specified in each of the counts of the indictment. The means through which the Kosovo Albanians were made to leave Kosovo included killings, property destruction, destruction or damage of religious sites, theft, sexual assaults, beatings and other crimes that were carried out by the FRY and Serbian forces.Milutinovic (D) was President of the Republic of Serbia; Sainovic (D) was Deputy Prime Minister of the FRY as well as the head of the Joint Command, which had authority over the Yugoslav Army (VJ) and Serbian forces known as “MUP” forces deployed in Kosovo; Ojdanic (D) was Chief of the General Staff of the VJ; Pavkovi (D) was the Commander of the VJ 3rd Pristina Corps and Lukic (D) was the Head of the Serbian Ministry of Interior Staff for Kosovo, known as the MUP staff. These people were alleged to have committed these crimes towards the of March 1999 and the beginning of June 1999. The accused individually had power/control over the VJ and MUP forces involved. In order to put an end to the armed conflict between the FRY and Serbian forces and the Kosovo Liberation Army (KLA), NATO forces conducted an aerial bombing campaign against targets in the FRY. This led to the exodus of about 700,000 Kosovo Albanians who crossed into Albania and Macedonia.The Prosecution (P) witnesses affirmed that these were the result of the violence and coercive actions of the FRY and Serbian forces, an allegation which was refuted by the Defendants (D) witnesses. The Kosovo Albanians who testified claimed not to have left on the premise of NATO’s bombardment but the regime attempted to conceal the killings of Kosovo Albanian by transporting the bodies of the victims to other areas of Serbia. All these evidence were examined by the Trial Chamber who rendered its judgment and also provided a summary.
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