Case Law

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

10 March 2009 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Complementary forms of protection - Internal armed conflict - Residence permits / Residency - Right to family life - Security situation | Countries: Netherlands - Somalia

The Sentencing Judgment was issued on 8 April 2009.

2 March 2009 | Judicial Body: Special Court for Sierra Leone | Topic(s): Child soldiers - Combatants / Former combatants - Crimes against humanity - Forced marriage - Internal armed conflict - International courts and tribunals - International criminal law - International humanitarian law (IHL) / Geneva Conventions - SGBV - War crimes | Countries: Sierra Leone

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

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

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

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

Subsequently superseded by GS (Article 15(c): Indiscriminate Violence) Afghanistan CG [2009] UKAIT 00044.

23 February 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Internal armed conflict - International humanitarian law (IHL) / Geneva Conventions | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

23 February 2009 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Airports - Arbitrary arrest and detention - Country of origin information (COI) - Freedom from torture, inhuman and degrading treatment - Internal armed conflict - Non-state agents of persecution - Racial / Ethnic persecution - Tamil | Countries: New Zealand - Sri Lanka

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

27 January 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Internal armed conflict - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Internally displaced persons (IDPs) - Racial / Ethnic persecution - Returnees - Sheikhal | Countries: Somalia - United Kingdom of Great Britain and Northern Ireland