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International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-05-87

Prosecutor v. Šainović et al. (at trial: Milutinović et al.)

Procedural status: Final judgmentCrimes attributed to Serbian and Yugoslav officials and forces · The 1998–1999 war

Editorial status: Awaiting verificationDrafted from the cited sources; not yet fully reviewed by the editors.

Procedural status

From investigation to final decision. Where does the case stand today?

Path of the case

Stage 6 of 6: Final

  1. Investigation
  2. Indictment
  3. Trial
  4. First instance
  5. Appeal
  6. Final

Stage 6 of 6: Final

Final

A definitive decision after appeal, or after the time limit for appeal has passed.

Appeal status:The appeal concluded on 23 January 2014; the decisions are final.

Sentences imposed

5 sentenced · by final judgment

  1. 01

    Nikola Šainović

    22 years

    at trial; 18 years on appeal

    Final

  2. 02

    Dragoljub Ojdanić

    15 years

    (aiding and abetting deportation and forcible transfer)

    Final

  3. 03

    Nebojša Pavković

    22 years

    (affirmed on appeal)

    Final

  4. 04

    Vladimir Lazarević

    15 years

    at trial; 14 years on appeal

    Final

  5. 05

    Sreten Lukić

    22 years

    at trial; 20 years on appeal

    Final

A judgment concerning individuals is not automatically a judgment against a people, a war, or every member of an organization.

Outcome for each accused

Convictions(5)

  • Nikola Šainović

    Deputy Prime Minister of the FRY

    Outcome:Conviction

    Sentence:22 years at trial; 18 years on appeal

    Final

    Granted early release in 2015.

  • Dragoljub Ojdanić

    Chief of the General Staff of the Yugoslav Army (VJ)

    Outcome:Conviction

    Sentence:15 years (aiding and abetting deportation and forcible transfer)

    Final

    Withdrew his appeal on 28 January 2013; early release in 2013.

  • Nebojša Pavković

    Commander of the VJ Third Army

    Outcome:Conviction

    Sentence:22 years (affirmed on appeal)

    Final

    His application for early release was denied in 2022.

  • Vladimir Lazarević

    Commander of the VJ Priština Corps

    Outcome:Conviction

    Sentence:15 years at trial; 14 years on appeal

    Final

    Granted early release in 2015.

  • Sreten Lukić

    Head of the Serbian MUP Staff for Kosovo and Metohija

    Outcome:Conviction

    Sentence:22 years at trial; 20 years on appeal

    Final

Acquittals(1)

  • Milan Milutinović

    President of the Republic of Serbia

    Outcome:Acquittal

    Final

    The Prosecution did not appeal his acquittal.

Charges and alleged conduct

According to the indictment, the accused took part in a joint criminal enterprise to change the ethnic balance of Kosovo through a campaign of terror and violence against Kosovo Albanians in 1999.

Period covered by the charges:1 January – 20 June 1999 (crimes found from 24 March 1999 onwards)

Charges

  • Deportation
  • Other inhumane acts – forcible transfer
  • Murder (crime against humanity)
  • Murder (violation of the laws or customs of war)
  • Persecutions

Findings

According to the trial judgment, VJ and MUP forces conducted a broad campaign of violence during the NATO bombing that caused at least 700,000 Kosovo Albanians to leave, with killings, sexual assaults and destruction of mosques. On 11 July 2006 the Chamber had barred evidence on Račak, Padalište and Dubrava prison (the charges formally remained; their final disposition is not confirmed). On appeal some specific convictions were reversed, e.g. for killings at Bela Crkva, Mala Kruša, Suva Reka, Izbica, Đakovica and Meja for some of the accused.

Procedural history

  1. Confirmed indictment

    The initial indictment (IT-99-37) is confirmed.

  2. Procedural step

    The Milutinović et al. and Pavković et al. cases are joined.

  3. Trial opened

    The trial opens.

  4. Procedural step

    The Chamber bars evidence on Račak, Padalište and Dubrava prison.

  5. Trial (first-instance) judgment

    Milutinović acquitted; Šainović, Pavković and Lukić sentenced to 22 years; Ojdanić and Lazarević to 15 years.

    Official documents(opens in a new tab)

  6. Appeal judgment

    Appeals partly granted: Šainović 18, Pavković 22, Lazarević 14, Lukić 20 years.

    Official documents(opens in a new tab)

  7. Procedural step

    The IRMCT President denies Pavković's application for early release.

Last verified:

Verification note:Most recent official information: the IRMCT decision of 18 May 2022. Lukić's release status after 2022 was not verified.

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