Annex 4: Mechanisms in Europe
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UNDER ORDERS: War Crimes in Kosovo Order Online
UNDER ORDERS: War Crimes in Kosovo Order online Table of Contents Acknowledgments Introduction Glossary 1. Executive Summary The 1999 Offensive The Chain of Command The War Crimes Tribunal Abuses by the KLA Role of the International Community 2. Background Introduction Brief History of the Kosovo Conflict Kosovo in the Socialist Federal Republic of Yugoslavia Kosovo in the 1990s The 1998 Armed Conflict Conclusion 3. Forces of the Conflict Forces of the Federal Republic of Yugoslavia Yugoslav Army Serbian Ministry of Internal Affairs Paramilitaries Chain of Command and Superior Responsibility Stucture and Strategy of the KLA Appendix: Post-War Promotions of Serbian Police and Yugoslav Army Members 4. march–june 1999: An Overview The Geography of Abuses The Killings Death Toll,the Missing and Body Removal Targeted Killings Rape and Sexual Assault Forced Expulsions Arbitrary Arrests and Detentions Destruction of Civilian Property and Mosques Contamination of Water Wells Robbery and Extortion Detentions and Compulsory Labor 1 Human Shields Landmines 5. Drenica Region Izbica Rezala Poklek Staro Cikatovo The April 30 Offensive Vrbovac Stutica Baks The Cirez Mosque The Shavarina Mine Detention and Interrogation in Glogovac Detention and Compusory Labor Glogovac Town Killing of Civilians Detention and Abuse Forced Expulsion 6. Djakovica Municipality Djakovica City Phase One—March 24 to April 2 Phase Two—March 7 to March 13 The Withdrawal Meja Motives: Five Policeman Killed Perpetrators Korenica 7. Istok Municipality Dubrava Prison The Prison The NATO Bombing The Massacre The Exhumations Perpetrators 8. Lipljan Municipality Slovinje Perpetrators 9. Orahovac Municipality Pusto Selo 10. Pec Municipality Pec City The “Cleansing” Looting and Burning A Final Killing Rape Cuska Background The Killings The Attacks in Pavljan and Zahac The Perpetrators Ljubenic 11. -
Freedom House, Its Academic Advisers, and the Author(S) of This Report
Croatia by Tena Prelec Capital: Zagreb Population: 4.17 million GNI/capita, PPP: $22,880 Source: World Bank World Development Indicators. Nations in Transit Ratings and Averaged Scores NIT Edition 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 National Democratic 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.5 3.75 Governance Electoral Process 3.25 3.25 3.25 3.25 3.25 3.25 3.25 3 3 3 Civil Society 2.75 2.75 2.5 2.5 2.5 2.75 2.75 2.75 2.75 2.75 Independent Media 4 4 4 4 4 4 4 4 4.25 4.25 Local Democratic 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 3.75 Governance Judicial Framework 4.25 4.25 4.25 4.25 4.25 4.5 4.5 4.5 4.5 4.5 and Independence Corruption 4.5 4.5 4.25 4 4 4 4 4.25 4.25 4.25 Democracy Score 3.71 3.71 3,64 3.61 3.61 3.68 3.68 3.68 3.71 3.75 NOTE: The ratings reflect the consensus of Freedom House, its academic advisers, and the author(s) of this report. The opinions expressed in this report are those of the author(s). The ratings are based on a scale of 1 to 7, with 1 representing the highest level of democratic progress and 7 the lowest. The Democracy Score is an average of ratings for the categories tracked in a given year. -
Decision on Prosecution's Application for an Order Pursuant to Rule 54 Bis Directing the Government of the Republic of Croatia to Produce Documents Or Information
IT - 0 b -q 0-1 0361 S3 - O)tOq} 2. b J~ 1-01D International Tribunal for the UNITED Case No. IT-06-90-T Prosecution of Persons Responsible for NATIONS Serious Violations of International Date: Humanitarian Law Committed in the 26 July 2010 Territory of the Former Yugoslavia ~ Original: - since 1991 English IN TRIAL CHAMBER I Before: Judge Alphons Orie, Presiding Judge Uldis J>.inis Judge Elizabeth Gwaunza Registrar: Mr John Hocking Decision of: 26 July 2010 PROSECUTOR v. ANTE GOTOVINA IVANCERMAK MLADEN MARKAC PUBLIC DECISION ON PROSECUTION'S APPLICATION FOR AN ORDER PURSUANT TO RULE 54 BIS DIRECTING THE GOVERNMENT OF THE REPUBLIC OF CROATIA TO PRODUCE DOCUMENTS OR INFORMATION Office of the Prosecutor Counsel for Ante Gotovina Mr Alan Tieger Mr Luka Miseti6 Mr Gregory Kehoe Mr Payam Akhavan Repu blic -of Croatia Counsel for Ivan Cermak Mr Steven Kay, QC Ms Gillian Higgins Counsel for Mladen Markac Mr Goran Mikulici6 Mr Tomislav Kuzmanovi6 16(f2 SUMMARY OF PROCEDURAL HISTORY 1. On 13 June 2008, the Prosecution requested that the Chamber order the Republic of Croatia ("Croatia"), inter alia, to produce certain documents and grant leave to exceed the word limit ("Motion,,).l On 24 and 26 June 2008, respectively, the Gotovina and the Markac Defence responded, requesting that the Motion be dismissed and other relief as the Chamber deems appropriate? On 26 June 2008, the Prosecution requested leave to reply? On the same d~y, the Chamber granted the parties a further opportunity to be heard orally on the matter on 30 June 2008, which was conveyed by an informal communication. -
Kosovo Monthly Review Comprehensive Information on Complex Crises May 2012
CIVIL - MILITARY FUSION CEN TRE The Mediterranean Team Presents Kosovo Monthly Review Comprehensive Information on Complex Crises May 2012 INSIDE THIS ISSUE This document provides an overview of developments in Kosovo from 01—31 May with hyperlinks to source material highlighted and underlined in the text. For more information on the topics below or other Governance issues pertaining to the region, please contact the members of the Mediterranean Basin Team, or visit our Security website at www.cimicweb.org. Economic Development Humanitarian Affairs Governance Socio-Cultural Development Serbian Elections ABOUT THE CFC Tomislav Nikolic, the leader of the Serbian Progressive Party (SNS) and former ultranationalist, won the runoff presidential election held 20 May with 50.21% of the vote over incumbent Presi- The Civil-Military Fusion Centre (CFC) is an information and dent Boris Tadic’s 46.77%, reports EurActive. SNS also won the most seats in the parliamentary knowledge management election on 06 May with 24%, or 73 of 250 seats, whereas Tadic’s Democratic Party won 67 organisation focused on improving seats and the Socialist Party of Serbia’s (SPS) won 44 seats. The 06 May election led to a contin- civil-military interaction, facilitating uance of the coalition between the Democratic Party and SPS, Southeast European Times information sharing and enhancing (SETimes) writes. SPS increased its representation by nearly 16%, becoming an important bloc situational awareness through the in the creation of a new and stable pro-EU government, in which Nikolic is committed to select- CimicWeb portal and our weekly ing Tadic as prime minister, as Tadic’s Democratic Party and party allies have managed to domi- and monthly publications. -
Croatia: Facing up to War Crimes
BALKANS Briefing Zagreb/Brussels, 16 October 2001 CROATIA: FACING UP TO WAR CRIMES OVERVIEW the Stabilisation and Association Agreement (SAA) with the European Union that was initialled in May 2001 and is scheduled to be signed on 29 On 8 October 2001, the International Criminal October 2001. Tribunal for the former Yugoslavia (ICTY) confirmed an indictment charging Slobodan Policy towards Croatia continues to be swayed by Milosevic, the former president of Serbia and of profound relief at having in power a government the Federal Republic of Yugoslavia (FRY), with that is, from the international community's crimes committed in Croatia. This indictment had perspective, a much more reliable partner than its been keenly awaited for years in Croatia, where a HDZ predecessor. Yet in a number of important widespread perception of international indifference respects Croatia's performance in meeting its to Serb crimes perpetrated against Croats between international commitments has been problematic. 1991 and 1995 has been ably encouraged and Such areas include, crucially, cooperation with the manipulated by the right wing. International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, and the return Milosevic’s indictment was welcomed with and reintegration of ethnic Serb refugees. Croatia particular enthusiasm by the Croatian government, is committed to both these policies as a signatory which has struggled for months with the politically and guarantor of the Dayton Peace Agreement, and explosive issue of war crimes committed by compliance with Dayton is an element of the Croats. conditionality inherent in the regional approach the European Union has taken toward the ‘Western Since the current government came to power Balkans’ (i.e. -
27 September 2005
Organization for Security and Co-operation in Europe OSCE Mission to Croatia News in brief 13 - 27 September 2005 ICTY refers Norac/Ademi indictment to Croatia On 14 September, the Referral Bench of the International Criminal Tribunal for the former Yugoslavia (ICTY) transferred the indictment against Mirko Norac and Rahim Ademi to Croatia under Rule 11 bis of the ICTY Rules. Norac and Ademi are indicted for war crimes allegedly committed against Serb civilians and soldiers hors de combat during a 1993 operation by the Croatian military in the so-called “Medak Pocket” in south-western Croatia. They are alleged to be individually responsible as well as responsible as superiors (“command responsibility”) for acts of subordinates. Ademi voluntarily surrendered to the ICTY in 2001 and has been at liberty in Croatia since 2002. Norac is currently serving a 12- year prison sentence handed down by the Rijeka County Court for unrelated war crimes committed in the Gospic area. The Referral Bench granted the transfer to Croatia after finding the crimes not so serious as to prevent referral; that differences between Croatian and ICTY law are not so substantial as to prevent referral; domestic law sufficiently appropriate; witness protection measures adequate and measures for availability of witnesses, including witnesses from abroad adequate – finding relies in part on the Mission Status Report of November 2004 on improved inter-state cooperation; appropriate measures in place to ensure fair trial, both for defendants as well as to ensure fairness toward Serb victims; death penalty will not be imposed; and monitoring mechanism in place with OSCE. -
Constitutional Court
THE BULLETIN The Belgian Court of Arbitration holding the presidency of the 12th Conference of the European Constitutional Courts (Brussels, 13-16 May 2002) has asked the European Commission for Democracy through Law (Venice Commission) to provide a working document on the relations between constitutional courts and other national courts, including the interference in this area of the action of the European courts. Following its presentation at the Conference, an amended version of this working document now becomes part of the collection of Special Bulletins on Leading Cases of the Commission as has been the case with the issue on freedom of religion and beliefs, requested by the Constitutional Tribunal of Poland for the 11th Conference of the European Constitutional Courts in Warsaw on 16-20 May 1999. The aim of this Special Bulletin is to provide a presentation of the case-law of constitutional courts in this area, following the usual design and layout of the Bulletin on Constitutional Case-Law, which is published by the Venice Commis- sion. The boundaries of action of constitutional courts and other national courts may sometimes be tested, in particular in countries where constitutional jurisdiction is relatively new and where it may take time for the constitutional court to assert its rightful position within the legal system. Co-operation between constitutional courts or courts of equivalent jurisdiction and other national courts is thus important, especially in the field of human rights protection where it is essential that the same standards be applied by all courts in a given country. In this regard, it is particularly interesting to note the influence of the European Court of Human Rights in member states of the Council of Europe and the Court of Justice of the European Communi- ties in member states of the European Union and to measure the extent to which it serves as a unifying factor. -
The Kosovo Report
THE KOSOVO REPORT CONFLICT v INTERNATIONAL RESPONSE v LESSONS LEARNED v THE INDEPENDENT INTERNATIONAL COMMISSION ON KOSOVO 1 1 TABLE OF CONTENTS Great Clarendon Street, Oxford ox2 6dp Oxford University Press is a department of the University of Oxford Executive Summary • 1 It furthers the University’s objective of excellence in research, scholarship, Address by former President Nelson Mandela • 14 and education by publishing worldwide in Oxford New York Map of Kosovo • 18 Athens Auckland Bangkok Bogotá Buenos Aires Calcutta Introduction • 19 Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Paris São Paulo Singapore Taipei Tokyo Toronto Warsaw PART I: WHAT HAPPENED? with associated companies in Berlin Ibadan Preface • 29 Oxford is a registered trade mark of Oxford University Press in the uk and in certain other countries 1. The Origins of the Kosovo Crisis • 33 Published in the United States 2. Internal Armed Conflict: February 1998–March 1999 •67 by Oxford University Press Inc., New York 3. International War Supervenes: March 1999–June 1999 • 85 © Oxford University Press 2000 4. Kosovo under United Nations Rule • 99 The moral rights of the author have been asserted Database right Oxford University Press (maker) PART II: ANALYSIS First published 2000 5. The Diplomatic Dimension • 131 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, 6. International Law and Humanitarian Intervention • 163 without the prior permission in writing of Oxford University Press, 7. Humanitarian Organizations and the Role of Media • 201 or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organisation. -
882329.En Pe 476.499
Question for written answer E-010256/2011 to the Commission Rule 117 Pino Arlacchi (S&D), Guido Milana (S&D), Vincent Peillon (S&D), Victor Boştinaru (S&D), Evgeni Kirilov (S&D), Fiorello Provera (EFD) and Mario Mauro (PPE) Subject: VP/HR - EULEX witness protection program In the answer to question E–004539/2011 of 10 May 2011 (by Pino Arlacchi) about the protection of witnesses and judges in Kosovo, the Vice-President/High Representative stated: ‘EULEX has developed a highly professional witness security unit, able to offer protection to witnesses and where appropriate seek relocation out of Kosovo. Experience has shown that the mission is capable of handling high-level and sensitive cases involving protected witnesses’. Agim Zogaj, a key witness in the war crimes trial against Fatmir Limaj, a top former commander of the Kosovo Liberation Army (now one of the most powerful politicians in the country), was found dead last week in the German city of Duisburg. Fatmir Limaj has been under house arrest since last September, awaiting trial on charges of killing and torturing Serbian and Albanian prisoners during the Kosovo war. Mr Zogaj was under witness protection from the European Union Rule of Law Mission in Kosovo (EULEX). The inability of EULEX to protect Mr Zogaj is an appalling failure that has cast strong doubts over international efforts to establish the rule of law in the region. EULEX has declined to comment on the death and issued only a short statement saying that ‘witness protection and security are extremely sensitive issues and we will not confirm nor deny any operational details’. -
Councils for the Judiciary in EU Countries
Councils for the Judiciary in EU Countries Prof. Wim Voermans and Dr Pim Albers _____ L/Archief/Intern/Middelen/Documentatie/Organisaties en Instellingen-Councils of Justice in Europe def.version March 2003 Preface This report reflects an explorative comparative study conducted in the Netherlands in 1998 and 1999, which had been commissioned by the Ministry of Justice in preparation for the establishment of a council for the judiciary in the Netherlands. In January 1999, the TAIEX Bureau of the European Commission asked whether the report could be used as basic material for a project in support of the Czech Republic’s entry into the European Union. As a result of this request, the report was translated into English and a chapter about the Czech Republic and the plans for a council for the judiciary developed in that country was added. The research reported on was completed in January 1999 (and − as far as the Czech part is concerned − in May1999). After that, it was sent to contact persons in the countries that had been the subject of the research, who were requested to make comments. Various contacts sent in comments in the course of 1999 and 2000, and these were incorporated into the report. This means that the report is out of date in some respects, but we thought the material interesting enough to present in book form. This report could be a first step in the process leading to a broader evaluation and characterization of councils for the judiciary in Europe and in the world. In 2001, information was gathered about the Croatian Council for the Judiciary within the framework of a EU project concerning the administration of justice in Croatia. -
OSJI-Options for Justice-FR-11-14-2018.Indd
ANNEXE 4 : MÉCANISMES EN EUROPE TRIBUNAL PÉNAL INTERNATIONAL POUR L’EX-YOUGOSLAVIE Historique du conflit et contexte politique La République fédérative socialiste de Yougoslavie (RFSY) était au sortir de la Seconde Guerre mondiale un pays communiste dirigé par le président Josip Broz Tito. Le nouvel État réunissait les Serbes, les Croates, les musulmans bosniaques, les Albanais, les Macédoniens, les Monténégrins et les Slovènes dans une fédération de six républiques distinctes (Slovénie, Croatie, Bosnie-Herzégovine, Macédoine, Monténégro et Serbie) et deux provinces autonomes de Serbie (Kosovo et Vojvodine). Dix ans après la mort de Tito en 1980, le pays connut une crise économique, tandis que les mécanismes conçus par Tito pour à la fois réprimer et équilibrer les exigences des différentes ethnies en RFSY furent mis à rude épreuve. Slobodan Milošević avait profité de la force du nationalisme pour consolider son pouvoir à la présidence de la Serbie. La Ligue des communistes de Yougoslavie fut dissoute en janvier 1990, et les premières élections multipartites furent organisées dans toutes les républiques yougoslaves, amenant des partis nationalistes au pouvoir en Bosnie, en Croatie, en Slovénie et en Macédoine.1763 Entre-temps, Milošević et ses alliés politiques revendiquèrent le contrôle du Kosovo, de la Vojvodine et du Monténégro, donnant au président serbe un contrôle de facto sur quatre des huit droits de vote au sein de la présidence collective de l’État fédéral. Cet événement et la consolidation du pouvoir serbe sur l’Armée populaire yougoslave (APY) amplifièrent les craintes et contribuèrent à la montée du nationalisme dans d’autres régions du pays. Les déclarations d’indépendance de la Croatie et de la Slovénie le 25 juin 1991 précipitèrent les choses. -
Uva-DARE (Digital Academic Repository)
UvA-DARE (Digital Academic Repository) From jus in bello to jus post bellum: when do non-international armed conflicts end? Bartels, R. Publication date 2014 Document Version Submitted manuscript Link to publication Citation for published version (APA): Bartels, R. (2014). From jus in bello to jus post bellum: when do non-international armed conflicts end? (Amsterdam Law School Legal Studies Research Paper Series; No. 2014-12). Amsterdam Center for International Law, University of Amsterdam. http://ssrn.com/abstract=2391785 General rights It is not permitted to download or to forward/distribute the text or part of it without the consent of the author(s) and/or copyright holder(s), other than for strictly personal, individual use, unless the work is under an open content license (like Creative Commons). Disclaimer/Complaints regulations If you believe that digital publication of certain material infringes any of your rights or (privacy) interests, please let the Library know, stating your reasons. In case of a legitimate complaint, the Library will make the material inaccessible and/or remove it from the website. Please Ask the Library: https://uba.uva.nl/en/contact, or a letter to: Library of the University of Amsterdam, Secretariat, Singel 425, 1012 WP Amsterdam, The Netherlands. You will be contacted as soon as possible. UvA-DARE is a service provided by the library of the University of Amsterdam (https://dare.uva.nl) Download date:26 Sep 2021 FROM JUS IN BELLO TO JUS POST BELLUM: WHEN DO NON-INTERNATIONAL ARMED CONFLICTS END? Rogier Bartels Amsterdam Law School Legal Studies Research Paper No.