Time for eULeX To prioriTize war crimes - Amnesty International ...

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Kosovo: Time for EULEX to prioritize war crimes
ENDNOTES
1 Amnesty International, Kosovo (Serbia): The challenge to fix a failed UN justice system, 29 January
2008, http://www.amnesty.org/en/library/info/EUR70/001/2008/en
2 Kosovo declared unilateral independence from Serbia on 17 February 2008; as of 14 March 2012, 91
UN member states had recognized its independence. Serbia was a constituent state of the Federal
Republic of Yugoslavia in 1999. The name of the country was changed to Serbia and Montenegro under
the November 2002 Constitutional Charter, which came into force on 4 February 2003. In June 2006
the Republic of Montenegro seceded from Serbia and Montenegro after a referendum, and the Republic
of Serbia became an independent state.
3 See: Amnesty International, FRY (Kosovo), A Decade of Unheeded Warnings, Vols. 1 & 2, (Index: EUR
70/39/99 & EUR 70/40/99).
4 Amnesty International: "Collateral Damage” or Unlawful Killings? Violations of the Laws of War by
NATO during Operation Allied Force, (Index: EUR 70/18/00), June 2000.
5 http://www.unhcr.ch/news/media/kosovo.htm, 4 May 1999.
6 http://www.nato.int/kosovo/docu/a990609a.htm
7 Because of the UNSCR mandate KFOR/UNMIK were not considered an occupying power and so would
not have been subject to the law of occupation
8 Resolution 1244 (1999), Adopted by the Security Council at its 4011th meeting, on 10 June 1999,
S/RES/1244 (1999), retrieved at http://daccess-ods.un.org/TMP/658974.9.html
9 Article 9 (c); Article 11(k); Article 10, UNSCR Resolution 1244/1999.
10 Under Section 1.1, UNMIK Regulation 1999/1, 25 July 1999, “All legislative and executive authority
in Kosovo, including the administration of the judiciary is vested in UNMIK and is exercised by the
Special Representative of the Secretary General”.
11 See: Amnesty International, A Broken Circle: “Disappeared” and abducted in Kosovo province, (Index
EUR 70/106/1999), November 1999, p.8.
12 Based on estimates from different sources.
13 Statute of the International Criminal Tribunal for the former Yugoslavia. Articles 7 and 9.
14 (IT-05-87) Šainović et al, The Prosecutor v. Nikola Šainović, Dragoljub Ojdanić, Nebojša Pavković,
Vladimir Lazarević, Sreten Lukić & Milan Milutinović,
http://www.icty.org/x/cases/milutinovic/tjug/en/090226summary.pdf
15 Đorđević (IT-05-87/1) "Kosovo",
http://www.icty.org/x/cases/djordjevic/tjug/en/110223_djordjevic_judgt_en.pdf
16 The Prosecutor v. Fatmir Limaj, Haradin Bala, and Isak Musliu (IT-03-66),
http://www.icty.org/x/cases/limaj/ind/en/lim-2ai040212e.pdf,
17 The Prosecutor v. Ramush Haradinaj, Idzriz Balaj and Lahi Brahimaj, (IT-04-84).
http://www.icty.org/case/haradinaj/4#tjug
Amnesty International April 2012 Index: EUR 70/004/2012