## Facts

- The case concerned crimes committed during the 1998–1999 armed conflict in Kosovo involving FRY/Serbia forces and the Kosovo Liberation Army.
- The accused were senior political, military, and police officials: Milan Milutinović (President of Serbia), Nikola Šainović (FRY Deputy Prime Minister and head of a joint command), Dragoljub Ojdanić (VJ Chief of General Staff), Nebojša Pavković (VJ Third Army commander), Vladimir Lazarević (VJ Priština Corps commander), and Sreten Lukić (MUP staff head for Kosovo).
- The prosecution alleged a joint criminal enterprise to change Kosovo’s ethnic balance and maintain FRY/Serbian control through a widespread or systematic campaign of terror against Kosovo Albanians.
- From at least March to June 1999, FRY/Serbian forces conducted operations across multiple municipalities involving killings, destruction of property and religious sites, theft/looting, beatings and other abuse, and large-scale forced displacement.
- Charges included deportation, forcible transfer (as other inhumane acts), murder (as a crime against humanity and as a war crime), and persecution, under the ICTY Statute and theories of liability including individual responsibility and superior responsibility.

## Issues

1. Whether the acts proved constituted crimes against humanity and violations of the laws or customs of war, including deportation, forcible transfer, murder, and persecution.
2. Whether a joint criminal enterprise existed to forcibly displace a substantial portion of Kosovo Albanians to maintain FRY/Serbian control in Kosovo.
3. Whether each accused was individually responsible for the charged crimes through participation in a joint criminal enterprise, aiding and abetting, or superior responsibility.
4. Whether the prosecution proved beyond a reasonable doubt each accused’s intent, contribution, and (where relevant) effective control over perpetrators.

## Decision

- The Trial Chamber found an armed conflict and a widespread and systematic campaign by FRY/Serbian forces against Kosovo Albanian civilians, satisfying the contextual elements for crimes against humanity.
- The Chamber found that deportations, internal forcible transfers, murders, and persecutory acts occurred in numerous locations and were committed by FRY/Serbian forces as part of the campaign.
- Milan Milutinović was acquitted on all counts because the evidence did not prove beyond a reasonable doubt that he shared the common criminal purpose, made a significant contribution to it, or exercised effective control over the relevant forces.
- Nikola Šainović was convicted for crimes against humanity and war crimes related to deportation, forcible transfer, murder, and persecution, based on his political and operational role; he received an 18-year sentence at trial.
- Dragoljub Ojdanić was convicted primarily on an aiding-and-abetting theory for crimes against humanity; he received a 15-year sentence at trial.
- Nebojša Pavković was convicted for crimes against humanity and war crimes; he received a 22-year sentence at trial.
- Vladimir Lazarević was convicted primarily for aiding and abetting crimes against humanity; he received a 15-year sentence at trial.
- Sreten Lukić was convicted for crimes against humanity and war crimes; he received a 22-year sentence at trial.

## Legal Principles

- Crimes against humanity require that underlying acts be committed as part of a widespread or systematic attack directed against a civilian population, with the requisite knowledge of the attack.
- Deportation is the forced displacement of persons across an international border; forcible transfer is forced displacement within a state’s borders; both may constitute crimes against humanity when carried out in the required attack context.
- Persecution as a crime against humanity may be established through a pattern of discriminatory acts that, considered cumulatively, amount to severe deprivation of fundamental rights on prohibited grounds.
- Joint criminal enterprise liability requires proof of a common plan involving the commission of crimes and proof that the accused intended the common criminal purpose (or, where applicable, the required mental element) and made a significant contribution.
- Aiding and abetting requires knowledge that assistance will contribute to the commission of crimes and practical assistance, encouragement, or moral support with a substantial effect.
- Superior responsibility requires proof of a superior-subordinate relationship with effective control and a failure to prevent or punish crimes when the superior knew or had reason to know of them.
- High office alone is insufficient to infer participation, intent, or effective control; conviction requires proof beyond a reasonable doubt tied to conduct, authority, and knowledge.

## Conclusion

The ICTY Trial Chamber held that FRY/Serbian forces carried out a widespread and systematic campaign of violence and forced displacement against Kosovo Albanians in 1999 and convicted five senior officials under individualized theories of liability, while acquitting Serbia’s president because the evidence did not prove beyond a reasonable doubt that he shared the criminal purpose or controlled the forces committing the crimes.


Prosecutor v. Milutinović (Kosovo), Case No. IT-05-87-T (Int’l Crim. Trib. for the Former Yugoslavia Trial Chamber Feb. 26, 2009)