Justice and accountability
Justice
Editorial principle
A judgment concerning individuals is not automatically a judgment against a people, a war, or every member of an organization.
An indictment is not proof of guilt. Every accused person is presumed innocent until proven guilty by a final judgment.
Individual responsibility
Criminal courts decide only on the persons charged and on the specific acts in the indictment. A conviction does not make a people, an army or an organisation guilty as a whole; an acquittal means that the guilt of that person was not proven — not necessarily that the crimes did not happen.
Path of the case
How a court case works
- 01
Investigation
Prosecutors gather evidence. Nobody has been charged yet.
- 02
Indictment
Prosecutors bring charges. An indictment is not proof of guilt.
- 03
Trial
The court hears the evidence from both sides.
- 04
First instance
The court issues its first judgment. It can be appealed.
- 05
Appeal
A higher court reviews the judgment.
- 06
Final
The judgment can no longer be changed through an ordinary appeal.
First instance, appeal, final judgment
Three stages that are often confused. Only the last one makes guilt final.
4/6
First-instance judgment
The trial panel's first judgment. It can be appealed; the accused is still presumed innocent until the judgment becomes final.
5/6
Appeal
A higher court reviews the judgment. It may confirm, change or overturn it, or order a retrial.
6/6
Final judgment
The judgment can no longer be challenged through an ordinary appeal. Only then are guilt or innocence final.
Other outcomes
- Procedural status: RetrialAn appeals chamber has ordered a new trial on some or all charges.
- Procedural status: Judgment reversedA higher court has quashed or altered the decision.
- Procedural status: Charges dismissedThe court has dismissed the charges.
- Procedural status: Proceedings terminatedProceedings closed without a decision on guilt (for example, because of death).
All procedural statuses
Final judgments are marked with a solid rule; first-instance decisions and ongoing proceedings with a dashed rule.
- Procedural status: AllegationA public accusation without formal criminal proceedings.
- Procedural status: InvestigationProsecutors are investigating; there is no indictment.
- Procedural status: IndictmentProsecutors have filed charges. An indictment is not proof of guilt.
- Procedural status: Confirmed indictmentA judge has confirmed there are grounds for trial. This is not a finding of guilt.
- Procedural status: Trial ongoingThe trial has begun; there is no judgment.
- Procedural status: First-instance judgmentA trial chamber's decision. It can be appealed and is not final.
- Procedural status: Appeal pendingThe first-instance judgment has been appealed; it is not final.
- Procedural status: RetrialAn appeals chamber has ordered a new trial on some or all charges.
- Procedural status: Final judgmentA definitive decision after appeal, or after the time limit for appeal has passed.
- Procedural status: Judgment reversedA higher court has quashed or altered the decision.
- Procedural status: Charges dismissedThe court has dismissed the charges.
- Procedural status: Proceedings terminatedProceedings closed without a decision on guilt (for example, because of death).
- Procedural status: Proceedings closedNo procedural steps remain open.
Cases by attribution
10
Crimes attributed to Serbian and Yugoslav officials and forcesCriminal responsibility is attributed to identified persons and named structures, not to a people.
7
Alleged or adjudicated crimes attributed to individual members of the KLAEach decision concerns individuals and specific charges; it is not a verdict on the KLA as a whole or on the aim of liberation.
1
Alleged crimes after June 1999Events after the withdrawal of Serbian/Yugoslav forces in June 1999, treated separately from the war.
3
Offences against the administration of justiceProceedings for obstruction of justice, not for war crimes.
Court case tracker
Court case archive
International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-02-54 (fillimisht IT-99-37)
Prosecutor v. Slobodan Milošević (Kosovo indictment)
Slobodan Milošević — Proceedings terminated
Proceedings terminatedThe case closed before a final decision on guilt.
International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-05-87
Prosecutor v. Šainović et al. (at trial: Milutinović et al.)
Milan Milutinović — Acquittal; Nikola Šainović — Conviction (22 years at trial; 18 years on appeal); Dragoljub Ojdanić — Conviction (15 years (aiding and abetting deportation and forcible transfer)); Nebojša Pavković — Conviction (22 years (affirmed on appeal)); Vladimir Lazarević — Conviction (15 years at trial; 14 years on appeal); Sreten Lukić — Conviction (22 years at trial; 20 years on appeal)
Final judgmentStage 6 of 6: Final
International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-05-87/1
Prosecutor v. Vlastimir Đorđević
Vlastimir Đorđević — Conviction (27 years at trial; 18 years on appeal)
Final judgmentStage 6 of 6: Final
International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-03-66
Prosecutor v. Limaj et al. (Llapushnik camp)
Fatmir Limaj — Acquittal; Isak Musliu — Acquittal; Haradin Bala — Conviction (13 years (torture, cruel treatment, murder — war crimes)); Agim Murtezi — Charges withdrawn
Final judgmentStage 6 of 6: Final
International Criminal Tribunal for the former Yugoslavia (ICTY) · IT-04-84 dhe IT-04-84bis
Prosecutor v. Haradinaj et al. (including the partial retrial)
Ramush Haradinaj — Acquittal; Idriz Balaj — Acquittal; Lahi Brahimaj — Partial conviction (6 years (cruel treatment and torture of two detainees at Jabllanicë))
Final judgmentStage 6 of 6: Final
Kosovo Specialist Chambers · KSC-BC-2020-05
Specialist Prosecutor v. Salih Mustafa (Zllash)
Salih Mustafa — Conviction (15 years (26 years at trial → 22 on appeal → the 22-year sentence annulled by the Supreme Court → 15 years))
Final judgmentStage 6 of 6: Final
Kosovo Specialist Chambers · KSC-BC-2020-04
Specialist Prosecutor v. Pjetër Shala (Kukës Metal Factory)
Pjetër Shala — Conviction (13 years (18 years at trial))
Final judgmentStage 6 of 6: Final
Kosovo Specialist Chambers · KSC-BC-2020-06
Specialist Prosecutor v. Hashim Thaçi, Kadri Veseli, Rexhep Selimi and Jakup Krasniqi
Hashim Thaçi — Conviction (25 years' imprisonment (first-instance judgment)); Kadri Veseli — Conviction (18 years' imprisonment (first-instance judgment)); Rexhep Selimi — Conviction (13 years' imprisonment (first-instance judgment)); Jakup Krasniqi — Conviction (25 years' imprisonment (first-instance judgment))
First-instance judgmentStage 4 of 6: First instance
Kosovo Specialist Chambers · KSC-BC-2020-07
Specialist Prosecutor v. Hysni Gucati and Nasim Haradinaj
Hysni Gucati — Conviction (4 years 3 months and a €100 fine (on appeal)); Nasim Haradinaj — Conviction (4 years 3 months and a €100 fine (on appeal))
Final judgmentStage 6 of 6: Final
Kosovo Specialist Chambers · KSC-BC-2023-12
Specialist Prosecutor v. Hashim Thaçi, Bashkim Smakaj, Isni Kilaj, Fadil Fazliu and Hajredin Kuçi (administration of justice)
Hashim Thaçi — No judgment yet; Bashkim Smakaj — No judgment yet; Isni Kilaj — No judgment yet; Fadil Fazliu — No judgment yet; Hajredin Kuçi — No judgment yet
Trial ongoingStage 3 of 6: Trial
Kosovo Specialist Chambers · KSC-BC-2023-10
Specialist Prosecutor v. Sabit Januzi, Ismet Bahtijari and Haxhi Shala
Haxhi Shala — Conviction (3 years' imprisonment); Sabit Januzi — Conviction (2 years' imprisonment (served)); Ismet Bahtijari — Conviction (2 years' imprisonment (served))
Final judgmentStage 6 of 6: Final
Supreme Court of Serbia · K. 1823/04; Kž I 1874/05
The Podujevo killings — Saša Cvjetan (“Scorpions” unit)
Saša Cvjetan — Conviction (20 years' imprisonment)
Final judgmentStage 6 of 6: Final
Court of Appeal in Belgrade · K.V. 04/2008
Podujevo II — Željko Đukić, Dragan Medić, Dragan Borojević, Miodrag Šolaja
Dragan Medić — Conviction (20 years); Dragan Borojević — Conviction (20 years); Miodrag Šolaja — Conviction (15 years); Željko Đukić — Conviction (20 years (after retrial))
Final judgmentStage 6 of 6: Final
Court of Appeal in Belgrade · K.V. 2/2006; Kž1 Po2 4/2010
Suva Reka — the killing of members of the Berisha family (Radojko Repanović et al.)
Radojko Repanović — Conviction (20 years (after retrial)); Slađan Čukarić — Conviction (20 years); Miroslav Petković — Conviction (15 years); Milorad Nišavić — Conviction (13 years); Radoslav Mitrović — Acquittal; Nenad Jovanović — Acquittal; Zoran Petković — Acquittal
Final judgmentStage 6 of 6: Final
Higher Court in Belgrade — War Crimes Department · KTRZ 4/10; K Po2 4/15
Ćuška (Toplica Miladinović et al.) — attacks on Ljubenić, Ćuška, Pavljan and Zahać
Toplica Miladinović — Conviction (20 years (first instance, 2024 retrial)); Predrag Vuković — Conviction (13 years (first instance)); Abdulah Sokić — Conviction (12 years (first instance)); Siniša Mišić — Conviction (5 years (first instance)); Slaviša Kastratović — Conviction (2 years (first instance; the court credited him with saving civilians)); Lazar Pavlović — Conviction (2 years (first instance)); Boban Bogićević — Conviction (2 years (first instance)); Veljko Korićanin — Acquittal; Milan Ivanović — Acquittal
First-instance judgmentStage 4 of 6: First instance
Supreme Court of Kosovo
The Kleçkë detention centre case (Fatmir Limaj et al.)
Fatmir Limaj — Acquittal; Nexhmi Krasniqi, Naser Krasniqi, Naser Shala, Arben Krasniqi, Behlul Limaj, Refki Mazreku, Sabit Shala, Shaban Shala, Besim Shurdhaj — Acquittal
Final judgmentStage 6 of 6: Final
Court of Appeals of Kosovo
The “Llapi group” — Latif Gashi, Rrustem Mustafa, Nazif Mehmeti
Latif Gashi — Conviction (6 years); Rrustem Mustafa — Conviction (4 years); Nazif Mehmeti — Conviction (3 years)
Final judgmentStage 6 of 6: Final
Basic Court (Kosovo)
Prosecutor v. Muhamet Alidemaj (the Izbica massacre)
Muhamet Alidemaj — Conviction (13 years (retrial, first instance))
First-instance judgmentStage 4 of 6: First instance
Basic Court (Kosovo)
Prosecutor v. Gavrilo Milosavljević (Dubrava prison)
Gavrilo Milosavljević — Acquittal
First-instance judgmentStage 4 of 6: First instance
Court of Appeals of Kosovo
Prosecutor v. Oliver Ivanović et al. (Mitrovica, 1999 and 2000)
Oliver Ivanović — Proceedings terminated
Proceedings terminatedThe case closed before a final decision on guilt.
Panel with EULEX judges
The killing of 14 Serb farmers in Staro Gracko (investigation)
On 23 July 1999, 14 Kosovo Serb farmers were killed while harvesting near the village. The perpetrators have not been judicially identified. No indictment has been filed.
InvestigationStage 1 of 6: Investigation