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Elizabeth Santalla Vargas

Specialist Prosecutor v Thaҫi (Hashim) and ors, Decision on motions challenging the jurisdiction of the Specialist Chambers, Case No KSC-BC-2020-06, KSC-BC-2020-06/F00412, ICL 2102 (KSC 2021), 22nd July 2021, Kosovo (disputed); Kosovo Specialist Chambers and Specialist Prosecutor's Office [KSC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Whether the charges were sufficiently connected to the criminal allegations addressed by the Council of Europe Report on Inhuman Treatment of People and Illicit Trafficking in Human Organs in Kosovo so as to fall within the Kosovo Specialist Chambers’ (‘KSC’) subject-matter, territorial, and temporal jurisdiction.

Whether the KSC had jurisdiction, under customary international law, over the war crime of arbitrary deprivation of liberty in the context of a non-international armed conflict during the period spanning 1998–1999.

Whether Article 13(1)(i) of the Law on Specialist Chambers and Specialist Prosecutor’s Office, conferring jurisdiction upon the KSC under customary international law over the crime against humanity of enforced disappearance of persons during its temporal jurisdiction, comported with the principle of legality.

Whether joint criminal enterprise (‘JCE’) and command responsibility had customary international law basis at the relevant time.

Whether JCE, in its extended form, was applicable to special intent crimes.

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