Kosovo Specialist Chambers

In his recent – as always highly inspiring – post on proving genocide, Marko Milanovic makes five points on the “correct legal position” of which I will challenge here the second and fifth one. 1. First of all, Marko correctly states that the only reasonable inference (ORI) standard is not limited to circumstantial evidence regarding genocidal intent but applies generally to inferences based on circumstantial evidence. Indeed, the Kosovo Specialist Chambers provide for a specific rule in that respect (Rule 140(3) of its RPE), and its Appeals Panel (AP) referred several times to the ORI standard in its recent Shala judgement (paras. 662, 687, 689, 692, 699, 701, 703, 706, 709, 713, 716, 757, 789 and 815), holding inter alia:…