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Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al. v. State of The Netherlands and the United Nations
Judgment in the First Civil Law Section, 30 Mar 2010, Court of Appeal of The Hague, The Netherlands
In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.
In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.
In the present decision, the Court of Appeal of The Hague confirmed the 2008 decision of the District Court of The Hague that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings.
Doe et al. v. Karadžić: Jane Doe I et al. v. Radovan Karadžić
Judgment, 4 Oct 2000, United States District Court for the Southern District of New York, United States
The complaint against Radovan Karadžić was filed by victims and survivors of the crimes committed in Bosnia during the Bosnian War in 1992-1995. They requested compensation for the suffering they have experienced. The crimes alleged include, but are not limited to rape, murder, beatings, and emotional distress.
On 4 October 2000, the District Court ordered Radovan Karadžić to pay $4.5 billion in damages to the victims and survivors.
Gonsalves et al.: The General Prosecutor of the Democratic Republic of East Timor v. Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires
Indictment, 11 Jun 2002, District Court of Dili, Special Panel for Serious Crimes, East Timor
On 12 June 2002, the Special Panel for Serious Crimes of the Dili District Court, East Timor, issued an indictment against Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires, respectively the commander, deputy commander, and a member of the Halilintar Merah Putih militia group based in the subdistrict of Atabae in East Timor. According to the allegations, several victims alleged to be supporters of East Timor’s independence from Indonesia were detained, beaten, and raped by the three members of Halilintar Merah Putih in the period between February and September 1999. In that period, numerous pro-Indonesian militia groups operated throughout East Timor attacking pro-independence supporters with the goal to gain autonomy within Indonesia.
Samardžić: The Prosecutor v. Neđo Samardžić
Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.
The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.
Ljubinac: The Prosecutor v. Radisav Ljubinac
Verdict, 25 Apr 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the Police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.
By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity. The Court found that the Accused acted as the driver transferring women, children and a small number of remaining adult men from the villages and settlements in Seljani to the camp in Rogatica and from then on, transferring the women and children to Hreša. He also drove a group of civilians, including children, to the village of Duljevac whereupon they were used as human shields in front of the Serb soldiers. The Court also found that on a number of occassions, the Accused kicked and punched the detained civilians at the Rasadnik camp. He was sentenced to 10 years’ imprisonment.
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