Paralleling ICTY’s jurisprudence with the incoming developments of the Kosovo’s Specialized Chambers in Hague

May 22, 2020

Authors

Rreze Hoxha Zhuja
rule of law

This note will discuss similar cases tried by the ICTY with the purpose of deconstructing possible formal and material basis which the court may use against those summoned, and according to the topics, the paper has been divided in three main parts. The first and second part of the paper elaborates on the ICTY’s jurisprudence in relation to the doctrine of command responsibility and the doctrine of the joint criminal enterprise. These are the main doctrines used to prove individual criminal responsibility of individuals in high level positions of military forces and of those who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime during an armed conflict. SCh will likely be based on the same premise when construing its alleged enquiry over some of these individuals. And on the third part, this paper considers the ICTY’s jurisprudence in adjudicating cases alleging obstruction of justice or contempt of the Tribunal’s work when adjudicating war crimes. This is in order to bring a clearer view of the international practice when confronted with such acts, and expose the potential character of investigation being pursued against several officials of Kosovo’s government by the SCh.

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Paralleling ICTY’s jurisprudence with the incoming developments of the Kosovo’s Specialized Chambers in Hague

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