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Humanitarian Law Centerdefines the conflict between an organised armed military formation, KLA,with the regular forces of the police and the army of the Federal Republicof Yugoslavia, as an internal armed conflict, which is why the crime connectedwith the armed conflict, and is a violation of international conventions,had to be qualified as a war crime against civilian population as describedin Article 142, Paragraph 1, of the Criminal Code of the Federal Republicof Yugoslavia.The decisive facts in these criminal proceedings concerning the killing ofwomen and children and the violation of the bodily integrity of children ofthe same group have been determined on the basis of written documentationin the case files, statements of the witnesses and the confession of thedefendant. The fact of death has been doubtlessly determined on the basisof the statements of the witnesses - eyewitnesses - the surviving childrenwho were heard at the main trial, on the basis of the statement of the SAJphysician, Dragan Marković, who, together with other members of SAJ, hascome to the crime scene and has immediately started determining who, ofthe people shot at, was still alive and who was not, and started, immediately,giving help to surviving children. The identity of the persons has beendetermined on the basis of the statements of the witnesses, plaintiffs. Thetype of firearms used for the shooting has been determined on the basisof cartridge cases discovered at the crime scene and on the basis of expertwitnesses’ findings. A larger number of the members of SAJ and of the Departmentof the Interior in Podujevo knew that the civilians were shot bythe members of the Scorpions unit and this fact has been determined onthe basis of their statements. The fact that defendant Saša Cvjetan is one ofthe members of the Scorpions who shot at the group of women and childrenhas been determined on the basis of the statements of the plaintiffs- the surviving children who have identified the defendant as one of thepersons present in the courtyard at the time of the shooting. This fact hasbeen determined on the basis of the statement of witness Goran Stoparićand the confession of the defendant given before the investigative judgeon 24 May 1999.As the decisive facts have been doubtlessly determined by an analysis of theevidence presented, and as the defendant, in the repeated proceedings afterthe first instance verdict has been repealed, has failed to change his earlierdefence given at the main trial, nor given any new information which330