Prosecutor v. Milutinovic et al.
International Criminal Tribunal for the former Yugoslavia
I.C.T.Y. Case No. IT-05-87-T, Summary of Trial Chamber Judgment (Feb. 26, 2009)
Five senior Serbian and Yugoslav officials -- including former Serbian President Milutinovic, Deputy Prime Minister Sainovic, Chief of Staff Ojdanic, VJ Pristina Corps commanders Pavkovic and Lazarevic, and MUP head Lukic (defendants) -- were charged with crimes against humanity and war crimes for their alleged roles in a joint criminal enterprise to forcibly alter Kosovo's ethnic balance during the 1998-99 conflict, which included widespread violence, displacement, and killing of Kosovo Albanians before NATO's bombing campaign forced a Serbian withdrawal. The prosecution presented varying types and strength of evidence connecting each individual defendant to the criminal conduct, ranging from direct command responsibility to more attenuated awareness or oversight roles.
Whether evidence of direct involvement in, or failure to stop, the commission of criminal atrocities is necessary to convict a defendant of crimes against humanity or violations of the laws of war.