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Drljača: Prosecutor's Office of Bosnia and Herzegovina v. Mladen Drljača
Indictment, 19 Mar 2008, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mladen Drljača was born on 5 March 1958 in Bosanska Krupa in northwestern Bosnia and Herzegovina. During the war in Bosnia and Herzegovina (1992-1995), he was a key official and held several offices in the municipality of Bosanska Krupa. Drljača was suspected of having committed crimes against humanity, war crimes against civilians, and war crimes against prisoners of war in the period between the beginning of April 1992 and 31 December 1992. In particular, Drljača was charged with participating in the detention of Bosnian Muslims in the Jasenica primary school and the Petar Kočić school, and in questioning the Jasenica detainees in the Provisional Military Court.
On 19 March 2008, the Prosecutor's Office of Bosnia and Herzegovina issued an indictment.
On 7 May 2013, Drljača was acquitted by the Appeals Division of Section I for War Crimes of the Court of Bosnia and Herzegovina because it had not been proven that he committed the alleged crimes.
Gavrić : Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić
Indictment , 4 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.
On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.
Chessani: United States of America v. Jeffrey Chessani
Opinion of the Court, 17 Mar 2009, United States Navy-Marines Corps Court of Criminal Appeals (NMCCA), United States
What happened after a makeshift bomb ended the life of a US Navy Marines Corporal near the village of Haditha on 19 November 2005? After increasing media attention, the US army launched an investigation and charged eight marines, as raids against the population of Haditha allegedly resulted in the death of 24 civilians. Proceedings were initiated against Jeffrey Chessani, a commander who had not been present during the explosion and its aftermath, but had allegedly failed to adequately report and investigate the incident.
However, by the time the case reached the Navy-Marines Corps of Criminal Appeals, the legal question did not revolve around Chessani’s role during the incidents, but around the question whether there was an appearance of unacceptable influence on the case by Colonel Ewers, an important figure in military legal circles. The NMCCA confirmed the previous ruling by the Trial Judiciary, stating that the US government had failed in refuting the appearance of ‘unlawful command influence’. According to the NMCCA, the government had only attempted to disprove that Ewers directly influenced key figures in the circle of the prosecutor, while not addressing whether the prosecution’s legal advisors might have been influenced by Ewers.
Barhoumi v. Obama et al.: Sufyian Barhoumi v. Barack Obama et al.
Order, 3 Sep 2009, United States District Court for the District of Columbia, United States
Sufyian Barhoumi is an Algerian nation who was allegedly providing assistance to al-Qaeda through buying certain electronic components needed for the building of remote-controlled explosive devices and through providing training to build such bombs. In July 2005, Barhoumi filed a petition for a writ of habeas corpus (a legal action allowing a detained person to challenge the legality of his/her detention).
The District Court’s opinion remained confidential but in the subsequent judgment of the Court of Appeals, its findings and reasoning has been summarized. The District Court denied Barhoumi’s petition on the grounds that he was properly detained under the Authorization for Use of Military Force of 2001.
Nkunda: Général James Kabarebe v. Laurent Mihigo Nkunda
Arrêt, 26 Mar 2010, Supreme Court (Kigali), Rwanda
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