Table of contents:
Element:
The Stanisić and Zupljanin Trial Chamber stated:
"The Trial Chamber finds that Serb Forces¡ªthrough the arrest campaign, the large scale dismissal from jobs, and the looting carried out after 3 April 1992 and throughout the rest of the year¡ªremoved Muslims and Croats from Banja Luka, where they were lawfully present, by expulsion or other coercive or intimidating acts and without grounds permitted under international law. Muslims and Croats were removed within a national boundary (forcible transfer). This transfer was of similar seriousness to the instances of deportation in this case, as it involved a forced departure from the residence and the community, without guarantees concerning the possibility to return in the future, causing the victims to suffer serious mental harm. Victims were also removed across a de jure state border. On this basis, the Trial Chamber finds that Serb Forces, through their acts and omissions, intended to displace the victims across the relevant national border (as in deportation) or within the relevant national border (as in forcible transfer)."[1]
3.2.1. Evidence of deportation
3.2.3. Evidence of displacement applicable in both deportation and transfer
Footnotes:
[1] ICTY, Prosecutor v. Stanisić and Župljanin, "Judgment", IT-08-91-T, 27 March 2013, para. 221.