Inference from events on the ground

Notion(s) Filing Case
Appeal Judgement - 23.01.2014 ŠAINOVIĆ et al.

611. […] the Appeal Chamber recalls that JCE liability requires the existence of “a common plan, design or purpose” amounting to, or involving the commission of a crime.[1] Such a common plan, design, or purpose may “be inferred from the facts”,[2] including events on the ground.[3] […]


654. […] [I]n view of the magnitude of forcible displacement committed in an orchestrated manner and showing a discernible pattern as well as the extensive seizure and destruction of IDs during the forcible displacement, the Appeals Chamber is satisfied that the evidence regarding these two factors is sufficient for a reasonable trier of fact to find that the only reasonable inference is that a common purpose to forcibly displace a number of Kosovo Albanians existed.[4]

[1] Tadić Appeal Judgement, para. 227(ii) (emphasis omitted). See also Krajišnik Appeal Judgement, paras 184-185; Brđanin Appeal Judgement, paras 364, 418; Stakić Appeal Judgement, para. 64; Kvočka et al. Appeal Judgement, paras 81, 96, 117; Vasiljević Appeal Judgement, para. 100.

[2] Vasiljević Appeal Judgement, para. 100; Tadić Appeal Judgement, para. 227(ii).

[3] See, e.g., Martić Trial Judgement, paras 442-445 (affirmed by Martić Appeal Judgement, paras 92-116); Krajišnik Trial Judgement, para. 1097 (affirmed by Krajišnik Appeal Judgement, paras 192, 605-647). See also Trial Judgement [Prosecutor v. Milan Milutinović et al., Case No. IT-05-87-T, Judgement, 26 February 2009], vol. 1, para. 102.

[4] Trial Judgement, vol. 3, paras 95-96.

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