Briefing Notes KW46 2020 Englisch
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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. -
PUBLIC Date Original: 26/10/2020 19:18:00 Date Corrected Version: 28/10/2020 14:39:00 Date Public Redacted Version: 05/11/2020 16:53:00
KSC-BC-2020-06/F00027/A08/COR/RED/1 of 5 PUBLIC Date original: 26/10/2020 19:18:00 Date corrected version: 28/10/2020 14:39:00 Date public redacted version: 05/11/2020 16:53:00 In: KSC-BC-2020-06 Before: Pre-Trial Judge Judge Nicolas Guillou Registrar: Dr Fidelma Donlon Date: 26 October 2020 Language: English Classification: Public Public Redacted Version of Corrected Version of Order for Transfer to Detention Facilities of the Specialist Chambers Specialist Prosecutor Defence for Jakup Krasniqi Jack Smith To be served on Jakup Krasniqi KSC-BC-2020-06/F00027/A08/COR/RED/2 of 5 PUBLIC Date original: 26/10/2020 19:18:00 Date corrected version: 28/10/2020 14:39:00 Date public redacted version: 05/11/2020 16:53:00 I, JUDGE NICOLAS GUILLOU, Pre-Trial Judge of the Kosovo Specialist Chambers, assigned by the President of the Specialist Chambers pursuant to Article 33(1)(a) of Law No. 05/L-53 on Specialist Chambers and Specialist Prosecutor’s Office (“Law”); BEING SEISED of the strictly confidential and ex parte “Submission of Indictment for Confirmation”, dated 24 April 2020, “Request for Arrest Warrants and Related Orders”, dated 28 May 2020, and “Submission of Revised Indictment for Confirmation”, dated 24 July 2020, of the Specialist Prosecutor’s Office (“SPO”); HAVING CONFIRMED, in the “Decision on the Confirmation of the Indictment Against Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi”, dated 26 October 2020, the Revised Indictment (“Confirmed Indictment”) and having found therein that there is a well-grounded suspicion that -
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Security and Human Rights (2020) 1-5 Book Review ∵ Daan W. Everts (with a foreword by Jaap de Hoop Scheffer), Peacekeeping in Albania and Kosovo; Conflict response and international intervention in the Western Balkans, 1997 – 2002 (I.B.Tauris, July 2020), 228p. £. 13,99 paperback Fortunately, at the international scene there are those characters who venture into complex crises and relentlessly work for their solution. Sergio Viero de Melo seems to be their icon. Certainly, Daan Everts, the author of Peacekeeping in Albania and Kosovo belongs to this exceptional group of pragmatic crisis managers in the field. Between 1997 and 2002 he was the osce’s represent- ative in crisis-hit Albania and Kosovo. Now, twenty years later, Mr Everts has published his experiences, and luckily so; the book is rich in content and style, and should become obligatory reading for prospective diplomats and military officers; and it certainly is interesting material for veterans of all sorts. Everts presents the vicissitudes of his life in Tirana and Pristina against the background of adequate introductions to Albanian and Kosovar history, which offer no new insights or facts. All in all, the book is a sublime primary source of diplomatic practice. The largest, and clearly more interesting part of the book is devoted to the intervention in Kosovo. As a matter of fact, the 1999 war in Kosovo deepened ethnic tensions in the territory. Therefore, the author says, the mission in Kosovo was highly complex, also because the mandate was ambivalent with regard to Kosovo’s final status. Furthermore, the international community (Everts clearly does not like that term) for the time being had to govern Kosovo as a protectorate. -
Report Between the President and Constitutional Court and Its Influence on the Functioning of the Constitutional System in Kosovo Msc
Report between the President and Constitutional Court and its influence on the functioning of the Constitutional System in Kosovo MSc. Florent Muçaj, PhD Candidate Faculty of Law, University of Prishtina, Kosovo MSc. Luz Balaj, PhD Candidate Faculty of Law, University of Prishtina, Kosovo Abstract This paper aims at clarifying the report between the President and the Constitutional Court. If we take as a starting point the constitutional mandate of these two institutions it follows that their final mission is the same, i.e., the protection and safeguarding of the constitutional system. This paper, thus, will clarify the key points in which this report is expressed. Further, this paper examines the theoretical aspects of the report between the President and the Constitutional Court, starting from the debate over this issue between Karl Schmitt and Hans Kelsen. An important part of the paper will examine the Constitution of Kosovo, i.e., the contents of the constitutional norm and its application. The analysis focuses on the role such report between the two institutions has on the functioning of the constitutional system. In analyzing the case of Kosovo, this paper examines Constitutional Court cases in which the report between the President and the Constitutional Court has been an issue of review. Such cases assist us in clarifying the main theme of this paper. Therefore, the reader will be able to understand the key elements of the report between the President as a representative of the unity of the people on the one hand and the Constitutional Court as a guarantor of constitutionality on the other hand. -
Introduction
Notes Introduction 1. The term ‘humanitarian war’ was first coined by Adam Roberts. See his, ‘Humanitarian War: Intervention and Human Rights’, International Affairs, 69(2), 1993 and, ‘NATO’s Humanitarian War Over Kosovo’, Survival, 41(3), 1999. 2. The issue of intra-alliance politics is discussed throughout Pierre Martin and Mark R. Brawley (eds), Alliance Politics, Kosovo, and NATO’s War: Allied Force or Forced Allies? (New York: Palgrave Macmillan, 2000). 3. Formally recognised by the EU and UN as the Former Yugoslav Republic of Macedonia (FYROM) but referred to as Macedonia throughout. 4. The idea of the ‘court of world opinion’ was put to me by Nicholas Wheeler. See Nicholas J. Wheeler, Saving Strangers: Humanitarian Intervention in International Society (Oxford: Oxford University Press, 2000). 5. Trotsky is cited by Noel Malcolm, Kosovo: A Short History (London: Papermac, 1999), p. 253. 6. Ibid. 7. Ibid., pp. 324–6. For a general overview of the key aspects of the conflict see Arshi Pipa and Sami Repishti, Studies on Kosova (New York: Columbia University Press, 1984), Robert Elsie (ed.), Kosovo: In the Heart of the Powder Keg (New York: Columbia University Press, 1997). 8. See Lenard J. Cohen, Broken Bonds: Yugoslavia’s Disintegration and Balkan Politics in Transition, 2nd edn (Oxford: Westview, 1995), p. 33. 9. Article 4 of the Constitution of the Socialist Autonomous Province of Kosovo, 1974. See Marc Weller, The Crisis in Kosovo 1989–1999: From the Dissolution of Yugoslavia to Rambouillet and the Outbreak of Hostilities (Cambridge: International Documents and Analysis, 1999), p. 58. 10. Article 6 of the Kosovo Constitution, 1974. -
Submission on Self-Determination Under the UN Declaration on The
Submission on Self-Determination under the UN Declaration on the Rights of Indigenous Peoples to the Expert Mechanism on the rights of indigenous peoples Table of Contents 1 Overview............................................................................................................................................3 1.1 Summary....................................................................................................................................3 1.2 The submitting organization......................................................................................................4 2 Self determination themes................................................................................................................4 2.1 Peace and Self-Determination...................................................................................................4 2.2 Compromised spaces.................................................................................................................7 2.3 Disenfranchisement of unrepresented peoples........................................................................8 2.4 Criminalization of self-determination movements..................................................................11 2.5 International trade and self-determination.............................................................................12 2.6 Indigenous land: commerce and climate.................................................................................13 3 Conclusion.......................................................................................................................................15 -
A Study of the Ewe Unification Movement in the United States
HOME AWAY FROM HOME: A STUDY OF THE EWE UNIFICATION MOVEMENT IN THE UNITED STATES BY DJIFA KOTHOR THESIS Submitted in partial fulfillment of the requirements for the degree of Master of Arts in African Studies in the Graduate College of the University of Illinois at Urbana-Champaign, 2012 Urbana, Illinois Master’s Committee: Professor Faranak Miraftab, Chair Professor Kathryn Oberdeck Professor Alfred Kagan ABSTRACT This master’s thesis attempts to identity the reasons and causes for strong Ewe identity among those in the contemporary African Diaspora in the United States. An important debate among African nationalists and academics argues that ethnic belonging is a response to colonialism instigated by Western-educated African elites for their own political gain. Based on my observation of Ewe political discourses of discontent with the Ghana and Togolese governments, and through my exploratory interviews with Ewe immigrants in the United States; I argue that the formation of ethnic belonging and consciousness cannot be reduced to its explanation as a colonial project. Ewe politics whether in the diaspora, Ghana or Togo is due to two factors: the Ewe ethnonational consciousness in the period before independence; and the political marginalization of Ewes in the post-independence period of Ghana and Togo. Moreover, within the United States discrimination and racial prejudice against African Americans contribute to Ewe ethnic consciousness beyond their Togo or Ghana formal national belongings towards the formation of the Ewe associations in the United States. To understand the strong sense of Ewe identity among those living in the United States, I focus on the historical questions of ethnicity, regionalism and politics in Ghana and Togo. -
"National Integration and the Vicissitudes of State Power in Ghana: the Political Incorporation of Likpe, a Border Community, 1945-19B6"
"National Integration and the Vicissitudes of State Power in Ghana: The Political Incorporation of Likpe, a Border Community, 1945-19B6", By Paul Christopher Nugent A Thesis Submitted for the Degree of Doctor of Philosophy (Ph.D.), School of Oriental and African Studies, University of London. October 1991 ProQuest Number: 10672604 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a com plete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest ProQuest 10672604 Published by ProQuest LLC(2017). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States C ode Microform Edition © ProQuest LLC. ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106- 1346 Abstract This is a study of the processes through which the former Togoland Trust Territory has come to constitute an integral part of modern Ghana. As the section of the country that was most recently appended, the territory has often seemed the most likely candidate for the eruption of separatist tendencies. The comparative weakness of such tendencies, in spite of economic crisis and governmental failure, deserves closer examination. This study adopts an approach which is local in focus (the area being Likpe), but one which endeavours at every stage to link the analysis to unfolding processes at the Regional and national levels. -
Gesprek Datum: Donderdag 21 April 2011 Tijd: 10.15 - 11.00 Uur Openbaar/Besloten: Openbaar
Den Haag, 9 maart 2011 Voortouwcommissie: vaste commissie voor Europese Zaken Volgcommissie(s): Activiteit: Gesprek Datum: donderdag 21 april 2011 Tijd: 10.15 - 11.00 uur Openbaar/besloten: openbaar Onderwerp: Gesprek met de Voorzitter van het Parlement van Kosovo, de heer Krasniqi De Voorzitter van het Parlement van Kosovo, Jakup Krasniqi, zal van 9.45 – 10.15 uur worden ontvangen door de Voorzitter van de Tweede Kamer. Aansluitend vindt een gesprek plaats met de commissie voor Europese Zaken in de Den Uylzaal. Naast de actuele politieke situatie in Kosovo zal met de Parlementsvoorzitter gesproken kunnen worden over de betrekkingen met Servië (in het licht van EU-toetredingsperspectief van dat land), de internationale erkenning van Kosovo en de toekomstige EU-lidmaatschapsaspiraties van Kosovo zelf en het aanstaande werkbezoek vanuit de commissie EUZA aan Kosovo. Voertaal: Engels Het C.V. van de heer Krasniqi is bijgevoegd. Aanmeldingen voor deze activiteit kan via Parlis met de knop “Inschrijving”op het tabblad “Deelnemers”van deze Parlisactiviteit Griffier: J.J.P. Nijssen Activiteitnummer: 2011A00947 Jakup Krasniqi Functions in the Assembly of Kosovo • Assembly President • PDK Group Party • Democratic Party of Kosovo (PDK) Personal Data • Date of birth 01/01/1951 in Fatos/Drenas • Married, 4 children, 3 daughter and 1 son Education • 1957–1965 Primary School, in Fatos (Negroc) in Arllat • 1966–1971 Secondary School in Prishtina • 1972–1976 Philological Faculty, branch of History in Prishtina • 1995–1997 Post-Graduate Studies at Philosophical Faculty, Branch of History at the University of Prishtina in Prishtina • 22.11.2003 Defence of Masters Dissertation at the Universitity of Kosova; topic: “Political Movement and Army Resistence in Kosova1991–1999“. -
Canberra Law Review (2020) 17(2) Ii
Canberra Law Review (2020) 17(2) ii Canberra Law Review The Canberra Law Review is a peer-reviewed law journal published each year by the Canberra Law School at the University of Canberra. It brings together academics, other scholars, legal practitioners, and students within and outside the University. It provides a peer-reviewed open access venue for innovative, cross-disciplinary and creative scholarly articles and commentaries on law and justice. Submissions The editors of the Canberra Law Review seek submissions on aspects of law. We welcome articles relating to theory and practice, and traditional, innovative and cross-disciplinary approaches to law, justice, policy and society. Guidelines • Scholarly articles should be 5,000-14,000 words, case notes 1,500-3,000 words and book reviews 1,000-1,500 words (including references). • Submissions should conform to 4th edition of the Australian Guide to Legal Citation (AGLC4) and be 12 pt Times New Roman. • Scholarly articles should be accompanied by an abstract of no more than 250 words. • Submissions should not have been previously published in another journal. Submissions should be emailed as MS Office .docx or .doc documents to [email protected]. Peer-Review Scholarly articles are blind peer-reviewed by reviewers. Open Access Consistent with the Canberra Law School’s emphasis on inclusiveness, the Review is open access: an electronic version is available on the University of Canberra website and on the Australasian Legal Information Institute (AustLII) website. ISSN ISSN 1320-6702 -
Kosovo's Constitutional Court Review and Snap Elections: Legal Analysis, and Scenarios Summary
18 January 2021 KOSOVO’S CONSTITUTIONAL COURT REVIEW AND SNAP ELECTIONS: LEGAL ANALYSIS, AND SCENARIOS SUMMARY In late 2020, the Constitutional Court of Kosovo found that the election of the government of Prime Minister Avdullah Hoti, six months after it was elected, did not receive a majority following the invalidity of one of the 61 votes in the 120-seat Assembly of Kosovo. The vote in question was cast by Member of Parliament (MP) Etem Arifi who had been found guilty on a fraud charge prior to the elections. The Constitutional Court ruling published on 6 January 2021 forced early elections to be held within 40 days —the Acting President set the date for the elections on 14 February 2021. Yet, the Hoti government was in a crisis even before the Court’s ruling with severe disagreements between coalition partners and a lack of a working majority in the Assembly. The LDK-led coalition with AAK and NISMA (and ethnic minorities) was unlikely to secure votes for the election of the President. Just before its dissolution, the Assembly managed to pass the 2021 Budget. Currently, Kosovo is in an institutional vacuum, with an Acting President (also Chair of the Assembly), a dissolved Assembly and a caretaker government. The Acting President, Vjosa Osmani will run for elections and has announced the formation of a new political initiative which presents a legal challenge to the position of “representing the unity of people”. If elected, the Presidency would be vacant, and an institutional void would prevail until the Assembly elects the new Chair. -
Ecology and Development Series No. 67, 2009
Ecology and Development Series No. 67, 2009 Editor-in-Chief: Paul L.G.Vlek Editors: Manfred Denich Christopher Martius Ahmad Manschadi Janos Bogardi Adelina Maria Mensah The influence of land-use activities on nutrient inputs into upland catchment streams, Ghana Life is simple. Man complicates it when he doesn’t follow the simple pathways that govern. An honorable intension is the beginning; persistent questioning, the direction; and inner guidance, the key. Then man works with life to create magnificence. - Adelina Mensah, July 17 2008 - To my parents, for giving me the opportunity to create ABSTRACT In Ghana, increasing agricultural productivity is seen as an essential component of most development programs. The main objective of this study was to assess the implications of increased land-use activities on in-stream nutrients and impacts on the quality of water for domestic use and on aquatic ecosystem health. To guide the evaluation of the land-water interlinkages, the conceptual structure defined by the DPCER (Driving forces-Pressure- Chemical state-Ecological state-Response) framework was used, which is an adapted version of the traditional DPSIR (Driving forces-Pressure-State-Impact-Response) model. The study compares three small upland sub-catchments in the same geo-morphologic Ofin Basin of the Ahafo-Ano South District. Based on the percentage cover of natural land to agricultural land, the catchments were categorized as low (Nyamebekyere), medium (Dunyankwanta), and high (Attakrom) land-use intensities. With simple mathematical tools and selected indicators, the performance of each link within the DPCER framework was evaluated, and with the comparison of each set of indicators between catchments, changes as a function of land-use intensity were assessed.