Case Law

The Judgment is divided into four volumes. Volume 1 sets out the law applicable to this case and the Chamber’s findings upon the political and constitutional structures of the FRY and Serbia, the armed conflict that is the subject of the Indictment and the various forces involved, and the diplomatic efforts to resolve that conflict. Volume 2 contains the findings in relation to the crimes alleged to have been committed from March to June 1999 in Kosovo by the forces of the FRY and Serbia. Volume 3 contains the findings as to the individual criminal responsibility of the accused. Volume 4 contains annexes to the Judgment, including an analysis of the evidence.

26 February 2009 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Internal armed conflict - International courts and tribunals - International criminal law - Kosovar - SGBV - War crimes | Countries: Serbia

Application for review of an extradition order requested by the Republic of Croatia.

3 February 2009 | Judicial Body: Australia: Federal Court | Topic(s): Extradition - Independence of judiciary - Prosecution vs persecution - War crimes | Countries: Australia - Croatia

On appeal from the Divisional Court: [2008] EWHC 3098 (Admin). Leave to appeal to the House of Lords was refused. An admissibility application was subsequently made before the European Court of Human Rights; see Al-Saadoon and Mufdhi v. United Kingdom.

21 January 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Death penalty - Human rights and fundamental freedoms - Human rights law - Jurisdiction - Regional instruments - Right to life - War crimes | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

7 January 2009 | Judicial Body: Canada: Federal Court | Topic(s): Crimes against humanity - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution based on political opinion - Persecution on the basis of sexual orientation or gender identity - Torture - War crimes | Countries: Canada - Uganda

18 December 2008 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Topic(s): Crimes against humanity - Criminal justice - Genocide - International courts and tribunals - International criminal law - Tutsis - War crimes | Countries: Rwanda

18 December 2008 | Judicial Body: International Criminal Tribunal for Rwanda (ICTR) | Topic(s): Crimes against humanity - Criminal justice - Genocide - International courts and tribunals - International criminal law - Tutsis - War crimes | Countries: Rwanda

Application for judicial review.

28 November 2008 | Judicial Body: Canada: Federal Court | Topic(s): Crimes against humanity - Exclusion clauses - Genocide - Residence permits / Residency - War crimes | Countries: Canada

Motion to grant a writ of habeas corpus.

24 November 2008 | Judicial Body: United States District Courts | Topic(s): Children's rights - Combatants / Former combatants - Habeas corpus - Juvenile justice system - Military courts - Pre-trial detention - Prison or detention conditions - War crimes | Countries: Canada - United States of America

Demande du ministre de la Sécurité publique et de la Protection civile d'annuler la reconnaissance du statut de réfugié au sens de la Convention.

19 November 2008 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Convention refugee - Crimes against humanity - Croats - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime - Torture - War crimes | Countries: Canada - Croatia

Application of the Minister of Public Safety and Emergency Preparedness to vacate the determination of Convention refugee status.

19 November 2008 | Judicial Body: Canada: Immigration and Refugee Board of Canada | Topic(s): Convention refugee - Crimes against humanity - Croats - Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Freedom from torture, inhuman and degrading treatment - Serious non-political crime - Torture - War crimes | Countries: Canada - Croatia