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Prosecutor v Haradinaj (Ramush) and ors, Judgment, Case no IT-04-84-T, ICL 645 (ICTY 2008), 3rd April 2008, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]

Reporter(s)

Elizabeth Santalla Vargas

Prosecutor v Haradinaj (Ramush) and ors, Judgment, Case no IT-04-84-T, ICL 645 (ICTY 2008), 3rd April 2008, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for the Former Yugoslavia [ICTY]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 September 2019

What factors were relevant in determining whether military forces were sufficiently organized and whether the confrontations had reached the requisite level of intensity so as to establish the existence of a non-international armed conflict at the time relevant to the indictment.

Whether evidence on individual counts charged in an indictment was relevant to analysing the existence of the contextual element of crimes against humanity.

Whether evidence concerning the disappearances and the discovery of bodily remains and absent evidence as to the fate the victims faced in between their disappearance under suspicious circumstances and their death was sufficient to enter a finding of murder beyond reasonable doubt.

What considerations were relevant to assess identification evidence of a single eyewitness.

Whether cumulative conviction for torture and cruel treatment qua violations of the laws or customs of war for the same conduct was permissible.

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