Humanitarian reasons

Notion(s) Filing Case
Appeal Judgement - 28.11.2006 SIMIĆ Blagoje

In the Stakić Appeal Judgement the Appeals Chamber found that the participation of an NGO in facilitating displacements does not in and of itself render an otherwise unlawful transfer lawful. Pursuant to this approach, the Appeals Chamber in the Simić case found that the presence of representatives from the UNPROFOR and the ICRC during some of the exchanges that took place did not render the displacements at issue lawful, nor did it lead to the conclusion that the forcible displacements were of insufficient gravity to rise to the level of persecution. See paragraph 180. 

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Notion(s) Filing Case
Appeal Judgement - 22.03.2006 STAKIĆ Milomir

At paras 284 to 286 of the Judgement, the Appeals Chamber considered the issue of displacement for humanitarian reasons. It concluded:

Although displacement for humanitarian reasons is justifiable in certain situations,[1] the Appeals Chamber agrees with the Prosecution that it is not justifiable where the humanitarian crisis that caused the displacement is itself the result of the accused’s own unlawful activity.[2]

[1] See Article 17 of Additional Protocol II.

[2] Judgement, para. 287.

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