Prosecutor v. Haradinaj, Balaj and Brahimaj

Abstract

International criminal law — Crimes against humanity — Violations of the laws or customs of war — Statute of the International Criminal Tribunal for the former Yugoslavia — Geneva Conventions — Common Article 3 — Retrial — Joint criminal enterprise — Requirements — Common purpose — Evidence required to sustain finding of joint criminal enterprise — Individual criminal responsibility — Direct and circumstantial evidence — Murder — Torture — Persons taking no active part in hostilities

International tribunals — International Criminal Tribunal for the former Yugoslavia — Jurisdiction — Residual clause — Retrial — Witness credibility

War and armed conflict — Armed conflict — Non-international armed conflict — Definition — Existence of armed conflict in Kosovo in 1998 — Intensity of fighting — Organization of armed groups — De facto and de jure control — Detainees — Protected persons — Civilians