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Specialist Prosecutor v. Mustafa (Kos. Specialist Chambers)

Published online by Cambridge University Press:  05 May 2025

Rudina Jasini
Rudina Jasini*
Affiliation:
Dr. Rudina Jasini is a researcher and lawyer specialising in international criminal law and human rights law. She is based at the University of Oxford in the United Kingdom. Her research and work focus primarily on the participation of victims of mass atrocities as civil parties in international criminal proceedings. Dr. Jasini is currently a Co-Counsel on the Defence team representing Mr. Rexhep Selimi in the Thaci et al Case before the Kosovo Specialist Chambers in The Hague.
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Type
International Legal Documents
Information
International Legal Materials , First View , pp. 1 - 115
Copyright
Copyright © The Author(s), 2025. Published by Cambridge University Press on behalf of American Society of International Law

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References

ENDNOTES

1 KSC-CA-2023-02/F00038/RED, Public Redacted Version of Appeal Judgment, (Dec. 14, 2023) (confidential version filed on Dec. 14, 2023) [hereinafter Appeal Judgment].

2 KSC-BC-2020-05/F00008/RED, Public Redacted Version of Decision on the Confirmation of the Indictment Against Salih Mustafa (Oct. 5, 2020).

3 KSC-BC-2020-05/F00009/A01/RED/, Public Redacted Version of Arrest Warrant for Mr Salih Mustafa (June 12, 2020).

4 KSC-BC-2020-05/F00494/Public, further redacted version of corrected version of public redacted version of Trial Judgment (Dec. 16, 2022).

5 KSC-BC-2020-05/F00517/RED/COR/, corrected version of public redacted version of reparation order against Salih Mustafa with 4 Annexes Strictly Confidential and Ex parte (Apr. 6, 2023).

6 Appeal Judgment.

7 KSC-SC-2024-02, F00011, Defence Request for Protection of Legality with Confidential Annex 1 and 2 pursuant to Article 48 (6) to (8) of the Law and Rule 193 of the Rules (Mar. 14, 2024).

8 KSC-SC-2024-02, F00018, Decision on Salih Mustafa's Request for Protection of Legality (July 29, 2024) [hereinafter Supreme Court Decision].

9 Supreme Court Decision, ¶¶ 62, 106; Appeal Judgment, ¶ 466.

10 Supreme Court Decision, ¶¶ 75, 108.

11 Id. ¶ 104. See also Appeal Judgment, ¶¶ 478–479.

12 Supreme Court Decision, ¶ 105.

13 Id. ¶ 105, quoting Appeal Judgment, ¶ 479.

14 KSC-CA-2023-02/F00045/Public, Court of Appeals Chamber Decision on New Determination of Salih Mustafa's Sentence, 10 September 2024.

15 Supreme Court Decision, ¶¶ 102, 107, 111(ii).

16 Supreme Court Decision, ¶ 111(v)

17 Supreme Court Decision, ¶ 111(iii) and (iv).

18 The Appeals Panel recalls that, with respect to Count 1, it reduced the ten-year sentence imposed by the Trial Panel to a sentence of eight years' imprisonment. See Appeal Judgment, ¶¶ 480, 484.