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Ramić: The Prosecutor v. Niset Ramić
Verdict, 17 Jul 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
In the morning of 20 June 1992, a group of armed soldiers entered the settlement of Hlapčevići and surrounded the homes of Serb inhabitants. Ramić ordered these armed soldiers to take persons out of their houses, tie their hands with a cord and search their houses. After that, Ramić ordered them to move to the Youth Center of the municipality. At a certain point, the men were stopped and lined up against the wall of a house. One of them was asked for information regarding hidden weapons and minefields. When the questions remained unanswered, the accused shot at him and at the other civilians. He also shot a second time when they were lying on the ground. Three men died instantly, and one succumbed to his injuries on the way to the hospital. Two were seriously injured.
On 17 July 2007 by first instance verdict, Niset Ramić was found guilty of war crimes against civilians and sentenced to 30 years compound long-term imprisonment sentence.
Jean et al. v. Dorélien: Marie Jeanne Jean et al. v. Carl Dorélien
Final Judgment, 16 Aug 2007, United States District Court for the Southern District of Florida, Miami Division, United States
Lexiuste Cajuste, an elementary school teacher who was arbitrarily detained and tortured by Haitian military forces in 1993, and Marie Jeanne Jean, whose husband was killed during the Raboteau Massacre in April 1994, filed a claim against former Haitian Colonel Carl Dorélien. The plaintiffs claimed that Dorélien was one of the most powerful members of the military regime that ruled Haiti from October 1991 to September 1994 and that, despite Dorélien’s position and influence, he failed to prevent the abuses committed by the Haitian military. In addition, the plaintiffs claimed that Dorélien was responsible for the military discipline and justice but failed to punish his subordinates who committed crimes.
The jury trial found Dorélien culpable for torture, extrajudicial killing, arbitrary detention, and crimes against humanity; and the Court of District ordered him to pay $4.3 million in damages to the plaintiffs.
Krajišnik: The Prosecutor v. Momčilo Krajišnik
Judgement (public), 17 Mar 2009, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Momčilo Krajišnik was found guilty by Trial Chamber I on multiple counts of crimes against humanity for his role in the 1991-1992 events in municipalities of Bosnia and Herzegovina. He appealed the decision, representing himself. The Appeals Chamber appointed a counsel as amicus curiae (friend of the Court) to assist his case through the filing of an additional appeal in order to represent Krajišnik's interests.
The Appeals Chamber held that Trial Chamber I made errors with respect to the expansion of the crimes forming part of the joint criminal enterprise of the perpetrators and the manner in which Krajišnik could be held liable for them. Therefore, it acquitted Krajišnik of murder, extermination and persecution as crimes against humanity.
The Appeals Chamber rejected the arguments of the Prosecution, in which the latter argued that the sentence was not properly determined by Trial Chamber I, and should be raised to life imprisonment.
In light of the acquittals on several counts, the Appeals Chamber reduced Krajišnik's sentence from 27 years to 20 years of imprisonment.
Alić: Prosecutor's Office of Bosnia and Herzegovina v. Šefik Alić
Second Instance Verdict, 20 Jan 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Šefik Alić was born on 3 March 1968 in Dobro Selo in the municipality of Buzim, Bosnia and Herzegovina. Alić was Assistant Commander for Security of the Hamza Battalion of the army of Bosnia and Herzegovina. On 5 August 1995, during the Oluja military operation, soldiers of both the Hamza Battalion and Tewfik Al Harbi captured four soldiers of the army of the Republic of Srpska Krajina. Even though the Hamza Battalion had to protect them, the four soldiers were physically and mentally abused, and Alić participated in the abuses. The four soldiers were subsequently killed by members of Tewfik Al Harbi. As Assistant Commander, Alić had a duty to punish soldiers that committed crimes under his command, but he failed to do so. On 20 January 2011, the Appellate Panel of the Court of Bosnia and Herzegovina found Alić guilty of war crimes against prisoners of war and sentenced him to 10 years imprisonment.
Karemera & Ngirumpatse: The Prosecutor v. Edouard Karemera & Matthieu Ngirumpatse
Judgement and Sentence, 2 Feb 2012, International Criminal Tribunal for Rwanda, Tanzania
The Arusha Accords brought an end to the civil war in Rwanda that had opposed the government to the Tutsi dominated Rwandan Patriotic Front. They introduced a transitional multi-party government with Habyarimana of the Mouvement Républicain National pour la Démocratie et le Développement (MRND) as its President. Following the death of the president on 6 April 1994, however, hostilities broke out once more.
The MRND, with the Accused Ngirumpatse as its President and his co-Accused Karemera as its Vice President proceeded to introduce and implement measures designed to target the Tutsi population. They actively supported the Interahamwe, a civilian militia that acted as the youth wing of the MRND, and which was resopnsible for the mass killing as well as the rape and sexual assault of countless Tutsi women. The Accused interfered with the territorial administration in Rwanda, warning local officials to support the Hutu policy and replacing any who opposed the killing of Tutsis. They travelled across governemnt controlled parts of Rwanda and espoused their anti-Tutsi policy with a view to inciting more killings.
By a judgment of 2 February 2012, Trial Chamber III of the International Criminal Tribunal for Rwanda found both Accused guilty of genocide, conspiracy to commit the same, direct and public incitement of the same, rape and extermination as crimes against humanity and the war crime of killing. They were both sentenced to life imprisonment. The judgment comes after 7 years of trial, the withdrawal of three judges, the death of one co-Accused and the controversial decision taking judicial notice that a genocide occurred in Rwanda in 1994, thereby alleviating the Prosecution of having to introduce evidence in order to prove the allegation beyond a reasoinable doubt.
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