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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. 


Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 23 Mar 2009, District Court of The Hague, The Netherlands

Between April and July 1994, as much as 10% of the entire Rwandese civilian population was murdered in an ethnic conflict in which the Hutu sought to eliminate the Tutsi. At the same time, an armed conflict was fought between the Rwandese government army (FAR) and the armed forces of the Rwandese Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandese Tutsi who fled from Rwanda in preceding years.

The Accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was brought before the Dutch courts on charges of war crimes, torture and genocide. The present decision by the District Court of The Hague convicted the Accused of complicity in torture on two separate incidents. The first concerned the threatening of a German man, his Tutsi wife and their baby at a roadblock. The second concerned the mutilation and murder of a number of Tutsi women and their children who were stopped and forced outside from the ambulance in which they were being transported from one locality to another.

The Court was not able to convict the Accused for war crimes as it found that there wasn’t a sufficient link between the acts and the armed conflict in Rwanda. It was precluded from prosecuting the charges of genocide because the Dutch courts lacked jurisdiction. The Accused was sentenced to 20 years’ imprisonment.


Duch: The Prosecutor v. Kaing Guek Eav alias Duch

Judgement, 26 Jul 2010, Extraordinary Chambers in the Courts of Cambodia, Cambodia

After the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the state the Democratic Kampuchea. An armed conflict broke out with Vietnam, which lasted until 1979. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary state and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. This policy was implemented at a number of interrogation centres, one of which was S21. Duch, a former mathematics teacher, was the Chairman of S21 responsible for extracting confessions and information, and teaching interrogation techniques.

In the first ever judgment of the Extraordinary Chambers in the Courts of Cambodia, the Trial Chamber convicted Duch of multiple counts of war crimes and crimes against humanity. He was sentenced to 35 years’ imprisonment, minus five years as a result of his unlawful detention by the Cambodian Military Court for eight years prior to his transfer to the ECCC. This was also the first case before an international tribunal to allow victims of the crimes to participate in proceedings as civil parties and claim reparations for the harm they have suffered. 


Kujundžić: Prosecutor's Office of Bosnia and Herzegovina v. Predrag Kujundžić

Second Instance Verdict, 4 Oct 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Predrag Kujundžić was born on 30 January 1961 in the village of Suho Polje in the municipality of Doboj, Bosnia and Herzegovina. Kujundžić was the commander of the Predini vukovi military unit, which functioned as part of the army of the Republika Srpska.

The Prosecutor’s Office of Bosnia and Herzegovina alleged that on 12 June 1992, Kujundžić occupied the village of Čivčije Bukovačke, and subsequently blew up the village’s mosque, plundered and set on fire some houses, and ordered that all Bosniak men gathered in front of the village’s culture center. After the men (160 in total) were gathered, they were exposed to a several hours’ long physical and mental abuse by Kujundžić and his unit members. Subsequently, all men were taken to the Perčin disco camp located in the place of Vila in the Doboj municipality, where they were confined on inadequate premises and exposed to every-day abuses by various groups of soldiers who could freely enter the camp. 

On 4 October 2010, the Court of Bosnia and Herzegovina found Kujundžić guilty and sentenced him to 17 years imprisonment.


Kalimanzira: Callixte Kalimanzira v. The Prosecutor

Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.

Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.  


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