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Prosecutor v Stanišić (Jovica) and Simatović (Franko), Decision on Stanisić’s request for stay of proceedings, Case No MICT-15-96-PT, ICL 1099 (MICT 2017), 2nd February 2017, United Nations [UN]; United Nations Security Council [UNSC]; Mechanism for International Criminal Tribunals [MICT]; Trial Chamber [MICT]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 01 June 2020

Whether the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) Trial Chamber having found that liability for planning and ordering was not proved beyond a reasonable doubt, the scope of the retrial was implicitly restricted by the ICTY Appeals Chamber to the modes of liability of joint criminal enterprise and aiding and abetting.

Whether the principles of non bis in idem and res judicata precluded the retrial on all counts of the indictment.

Whether a stay of proceedings was warranted.

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