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Prosecutor v. Šainović et al.

Citation: IT-05-87

Link to the full case:

Trial Judgment: 26 February 2009

Appeal Judgment: 23 January 2014

Milan Milutinović was the President of the Republic of Serbia. Dragoljub Ojdanić was the Chief of the General Staff of the VJ. Nikola Šainović was the Deputy PM of the Federal Republic of Yugoslavia. Nebojša Pavković was the Commander of the Third Army of the VJ. Vladimir Lazarević was the Commander of the Priština Corps of the VJ. Sreten Lukić was the head of the Serbian Ministry of the Interior for Kosovo and Metohija. They were tried for having:

  • planned, instigated, ordered, committed, or otherwise aided and abetted in the planning, preparation, or execution of a systematic campaign of displacement of Kosovo from their homes

  • carried out systematic acts of brutality and violence against Kosovo Albanians to create a climate of fear, the intimidation, assault, and murder of Kosovo Albanians; and the destruction of property owned by Kosovo Albanian, including personal identity documents and licenses, occurring between January 1 and June 20, 1999 in Kosovo.

They were charged under theories of individual and superior criminal and participation in a joint criminal enterprise, of crimes against humanity forced deportation, forcible transfer as “other inhumane acts”, murder, and persecutions; and violations of the laws or customs of war for murder.

In 2009, the Trial Chamber acquitted Milutinović of all charges. However, Šainović, Pavković, and Lukić were convicted of all charges under theories of individual criminal responsibility and for participating in a joint criminal enterprise. Ojdanić and Lazarević were convicted of aiding and abetting crimes against humanity for deportation and forcible transfer as an inhumane act under a theory of individual criminal responsibility while participating in a joint criminal enterprise.

In 2014, the Appeals Chamber decided that the indictment was inadequate. The Trial Chamber had sentenced Ojdanić and Lazarević to 15 years’ imprisonment, and sentenced Šainović, Pavković, and Lukić to 22 years’ imprisonment each. The Appeals Chamber reduced Šainović’s sentence to 18 years, reduced Lukić’s sentenced to 20 years, and reduced Lazarevic’s sentence to 14 years.

Summary based on notes from the IJRC.

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