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The First Trial of Former Members of the Kosovo Liberation Army: Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu

Published online by Cambridge University Press:  13 July 2006

PASCALE CHIFFLET
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Abstract

In its Judgement issued on 30 November 2005 in Prosecutor v. Limaj et al., Trial Chamber II of the ICTY found that an armed conflict existed in Kosovo between the Kosovo Liberation Army and the Serbian forces as of the end of May 1998. It held, however, that the evidence did not establish that there was a widespread or systematic attack by the KLA directed against a civilian population at the relevant time. The first trial of former members of the Kosovo Liberation Army also gave rise to a number of significant developments in the ICTY's jurisprudence relating to issues of international criminal law and procedure, such as the treatment of hostile witnesses and of eyewitness identification evidence, as well as the proof of the existence of a joint criminal enterprise.

Keywords

armed conflicteyewitness identificationhostile witnessjoint criminal enterpriseKosovoKosovo Liberation Army (KLA)prior inconsistent statementwidespread or systematic attack against a civilian population
Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Tribunal for the Former Yugoslavia
Information
Leiden Journal of International Law , Volume 19 , Issue 2 , June 2006 , pp. 459 - 476
Copyright
2006 Foundation of the Leiden Journal of International Law

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