Case Law
- Australia: Federal Court 1
- Australia: Refugee Review Tribunal 2
- Austria: Constitutional Court of Austria (Verfassungsgerichtshof) 1
- Austria: Higher Administrative Court (Verwaltungsgerichtshof) 3
- Belgium: Conseil du Contentieux des Etrangers 1
- Belgium: Cour constitutionnelle 1
- Bosnia and Herzegovina: Human Rights Chamber for Bosnia and Herzegovina 5
- Council of Europe: European Court of Human Rights 22
- France: Commission des Recours des Réfugiés (CRR) 6
- Germany: Bundesverfassungsgericht 1
- Germany: Bundesverwaltungsgericht 1
- Germany: Verwaltungsgericht 3
- International Court of Justice (ICJ) 4
- International Criminal Tribunal for the former Yugoslavia (ICTY) 98
- Norway: Supreme Court 1
- Slovenia: Constitutional Court 1
- United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority 1
- United States Board of Immigration Appeals 1
- United States Court of Appeals for the Seventh Circuit 1
- United States District Courts 1
- Access to procedures 2
- Administrative courts 2
- Appeal / Right to appeal 2
- Arbitrary arrest and detention 2
- Armed forces / Military 13
- Armed groups / Militias / Paramilitary forces / Resistance movements 3
- Bosnian 5
- Cessation clauses 1
- Children's rights 1
- Citizenship / Nationality law 1
- Combatants / Former combatants 1
- Complementary forms of protection 1
- Conflict situation 5
- Convention on the Rights of the Child (CRC) 1
- Crime prevention 3
- Crimes against humanity 84
- Criminal justice 23
- Croats 1
- Decision on admissibility 4
- Denial of nationality 1
- Deportation / Forcible return 6
- Diplomatic assurances 1
- Disappeared persons 1
- Discrimination based on race, nationality, ethnicity 3
- Economic, social and cultural rights 2
- Effective protection 2
- Effective remedy 5
- Elections 2
- Ethnic cleansing 57
- Evidence (including age and language assessments / medico-legal reports) 17
- Exceptional leave to remain (ELR) 1
- Exclusion clauses 1
- Expulsion 1
- Extrajudicial executions 2
- Family reunification 1
- Freedom from torture, inhuman and degrading treatment 6
- Freedom of movement 1
- Gender discrimination 1
- Gender-based persecution 1
- Genocide 14
- Habeas corpus 1
- Housing, land and property rights (HLP) 1
- Illegal immigrants / Undocumented migrants 1
- Immigrants 1
- Immigration Detention 5
- Immigration law 4
- Immunity 1
- Independence of judiciary 1
- International armed conflict 2
- International courts and tribunals 16
- International criminal law 5
- International humanitarian law (IHL) / Geneva Conventions 11
- Jew 2
- Jurisdiction 1
- Legal representation / Legal aid 2
- Military law 1
- Muslim 9
- Naturalization 1
- Non-refoulement 2
- Non-state agents of persecution 2
- Persons with disabilities 1
- Political parties 1
- Post-traumatic stress disorder (PTSD) 1
- Proof of nationality 1
- Property restitution 2
- Public health 2
- Racial / Ethnic persecution 1
- Regional instruments 1
- Rejected asylum-seekers 1
- Religious discrimination 1
- Religious persecution (including forced conversion) 1
- Residence permits / Residency 1
- Returnees 1
- Right to a nationality 1
- Right to employment 2
- Right to family life 3
- Right to justice 1
- Right to liberty and security 6
- Right to life 2
- Right to return 1
- Rights of non-citizens 3
- Roma 5
- Safe country of origin 1
- Serb 4
- Standard of proof 2
- State protection 1
- Statelessness 4
- Torture 8
- Treaties / Agreements / Charters / Protocols / Conventions / Declarations 1
- War crimes 34
- Witnesses 4
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Prosecutor v. Blagoje Simic et al. (Trial Judgement)
17 October 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina - Serbia |
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Prosecutor v. Milorad Krnojelac (Appeal Judgement)
17 September 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina - Serbia |
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Prosecutor v. Milomir Stakic (Trial Judgement)
31 July 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina - Serbia |
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Case Regarding Cessation of Refugee Status
This is an unofficial summary made by UNHCR BO Vienna. 15 May 2003 | Judicial Body: Austria: Higher Administrative Court (Verwaltungsgerichtshof) | Countries: Austria - Bosnia and Herzegovina |
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VwGH Erkenntnis, Zl. 2001/01/0499 vom 15. Mai 2003 (Case Regarding Cessation of Refugee Status)
- 15 May 2003 | Judicial Body: Austria: Higher Administrative Court (Verwaltungsgerichtshof) | Countries: Austria - Bosnia and Herzegovina |
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Jakupovic v. Austria
This judgment will become final in the circumstances set out in Article 44 subject to editorial revision. The applicant is a national of Bosnia Herzegovina who went to Austria in 1991 to join his mother who was already living and working there. Following several criminal offences (burglary, possession of arms) he was issued with a 10 year residence prohibition in 1995. This decision was confirmed in successive appeals and the applicant was deported to Bosnia Herzegovina in 1997. Before the Court, the applicant complained that the residence prohibition constituted an interference with his right to family life and consequently a violation of Art. 8 § 1 of the ECHR. The Court indicated that its task in such cases was to determine whether a fair balance was struck between the States' interests (prevention of crime) and the applicant's rights. In this case, the Court noted that the applicant was 16 when he was expelled. Moreover, Bosnia had just been through a conflict and the applicant's father has been reported missing since the end of the conflict. There was no evidence that he still had relatives living there. Turning to the criminal offences, the Court considered that while the applicant was convicted twice for burglary, he was only given conditional sentences of imprisonment. Moreover, there were no indications that he made use of the arms for which he received a prohibition of possession. Based on all these elements, the Court decided the Austrian authorities did not strike a fair balance between the interests at stake. Consequently there was a violation of Art. 8 of the ECHR. 6 May 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Residence permits / Residency | Countries: Austria - Bosnia and Herzegovina |
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Prosecutor v. Zdravko Mucic aka "Pavo", Hazim Delic, Esad Landzo aka "Zenga", Zejnil Delalic (Judgement on Sentence Appeal)
8 April 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina - Serbia |
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Prosecutor v. Mladen Naletilic aka "Tuta", Vinko Martinovic aka "Stela" (Trial Judgement)
31 March 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina |
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Prosecutor v. Kupreskic et al. (Decision on Motion for Review)
7 March 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Witnesses | Countries: |
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Prosecutor v. Biljana Plavsic (Sentencing Judgement)
27 February 2003 | Judicial Body: International Criminal Tribunal for the former Yugoslavia (ICTY) | Topic(s): Crimes against humanity - Ethnic cleansing | Countries: Bosnia and Herzegovina - Serbia |
