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Humanitarian Law CenterIS FOUNDGUILTYBecause:On the day of 28 March 1999, around 10:00 hours, in Podujevo, togetherwith a number of persons, members of the Scorpions unit, part of the ReserveCorps of the Ministry of the Interior of the Republic of Serbia, andthe Armed Forces of the Federal Republic of Yugoslavia, during the warbetween the Federal Republic of Yugoslavia and the NATO Pact Coalitionwhich began with the bombardment of the territory of the Federal Republicof Yugoslavia by the NATO Pact Forces, and the armed conflict withthe members of the armed organisation, the so-called KLA (Kosovo LiberationArmy), violating the provisions of the International Law applicableto armed conflicts, contrary to Article 2, Paragraph 1, and Article 3, Paragraph1, Item 1, and Paragraph 2, Items a and c of the IV Geneva Conventionrelative to the Protection of Civilian Persons in Time of War, dated 12August 1949, and contrary to Article 51, Paragraphs 1, 2 and 3, and Article76, Paragraph 1, and Article 77, Paragraph 1, of Protocol Additional to theGeneva Conventions relating to the Protection of Victims of InternationalArmed Conflicts (Protocol I) dated 12 August 1949, and contrary to Article4, Paragraphs 1 and Paragraph 2, Items a and e, and Article 13 of ProtocolAdditional to the Geneva Conventions relating to the Protection of Victimsof International Armed Conflicts (Protocol II), dated 12 August 1949,he did treat the Albanian civilians who did not take an active part in thehostilities in an inhuman manner and did take part in the violation of thebodily integrity of the children and did take part in the killing of womenand children. Upon the arrival of his unit to Podujevo - at the crossing ofKosančićev Venac and Rahmana Morine Streets, where, in a single courtyard,there were houses of a number of Albanian families - he entered thehouse of Sabit Gjata where Redxhep Kastrati gave him 1,000 German marksto allow the civilians to leave the house unmolested.He took the money, leveled the automatic rifle at Kastrati’s chest, orderedthe women and the children present to leave the houses and the courtyard,which they did, and where, once they reached Rahmana Morine Street, acolumn was formed of the women and children and of the tenants from thesurrounding houses who were ordered to leave their homes as well. De-258

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