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Al Anfal: Farhan Mutlak AI Jibouri, Sultan Hashim Ahmad AI Tae' e, Hussein Rashid Moharmned and Ali Hasan AI Majid v. the General Prosecutor
Opinion, 4 Sep 2007, Iraqi High Tribunal (Appeals Commission), Iraq
In 1988, the Iraqi government under the leadership of Saddam Hussein, launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case (the first one being the Al Dujail-trial).
Seven defendants, including Saddam Hussein and his cousin, nicknamed Chemical Ali, were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants, one of whom was acquitted for lack of evidence. Three, including Chemical Ali and two military commanders, received death sentences; the others received cumulative sentences that essentially amounted to life imprisonment. The present decision by the Appellate Chamber of the Tribunal confirmed the trial verdict and dismissed all appeals.
Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa
Judgement, 28 May 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
Fofana and Kondewa were high-ranking members of the Civil Defense Forces (CDF) who participated in the armed conflict in Sierra Leone on the side of the ousted government of President Kabbah. They were convicted by the Special Court for aiding and abetting the planning of war crimes by CDF forces, particularly murder, cruel treatment, burning of civilian property, collective punishment and, for Kondewa, enlisting child soldiers.
On appeal, the Appeals Chamber found that there was sufficient evidence to convict both men for crimes against humanity. However, the convictions for collective punishment and enlistment of child soldiers were overturned. At sentencing, in order to reflect the gravity of the crimes and the new conviction for crimes against humanity, the Appeals Chamber increased the sentences: Fofana’s from 6 years to 15 years, Kondewa’s from 8 years to 20 years. The Appeals Chamber refused to take into account the political motives of Fofana and Kondewa, and particularly that they were fighting for a just cause in order to restore President Kabbah to power.
Ahmetašević case
Judgment, 5 Jun 2009, District Court of The Hague (Extradition Division), The Netherlands
In November 1993, Senad Ahmetašević, former member of a National Defense unit in Bosnia and Herzegovina, killed a prisoner of war in the Omica Brdo region. On 13 March 2007, the Minister of Justice of Bosnia and Herzegovina requested the extradition of Ahmetašević who resided in the Netherlands at the time. Ahmetašević opposed the extradition. On 5 June 2009, the District Court of The Hague approved the request for extradition. The Court held that the requirements for extradition were met and that there was no fear that Ahmetašević would not enjoy fair trial rights in Bosnia and Herzegovina.
Abtan et al. v. Prince et al.: Estate of Himoud Saed Abtan et al. v. Prince et al.
Order, 6 Jan 2010, United States District Court for the Eastern District of Virginia, United States
The case was filed by 22 injured Iraqi nationals and the families of eight individuals who died in the Nisoor Square shooting in Bagdad on 16 September 2007. The complaint was brought against the private security contractor Blackwater (now known as “Academic LLC”) and its founder Erik Prince.
On 1 January 2010, the Iraqi nationals agreed to sign a settlement agreement with Blackwater and Erik Prince, and to withdraw their complaint. The details of the agreement were not made available to the public.
Lalović & Škiljević: Prosecutor's Office of Bosnia and Herzegovina v. Radoje Lalović and Soniboj Škiljević
Verdict of the Appellate Panel, 5 Jul 2011, Court of Bosnia and Herzegovina, Appellate Division, Bosnia and Herzegovina
Radoje Lalović was born on 15 July 1946 in the municipality of Kalinovik, Bosnia and Herzegovina. In the period between early May and mid-December 1992, Lalović was a warden at the Butmir Correctional and Penal Facility (KPD) in Kula, the Sarajevo municipality of Ilidža, which mostly functioned as a detention camp.
Soniboj Škiljević was born on 14 August 1948 in Izgori in the municipality of Gacko, Bosnia and Herzegovina. Škiljević served as a deputy warden at the Butmir Correctional and Penal Facility (KPD) in Kula, also in the period between early May and mid-December 1992.
Lalović and Škiljević were responsible for the functioning of the Butmir KPD and the actions of its guards. In 2001, they were not found guilty of charges that they, inter alia, ordered the killings, imprisonment, and torture of the detainees held at the Butmir KPD. Lalović and Škiljević were neither found guilty of the charges that even though they knew that the crimes were taking place, they did not prevent them or did punish the perpetrators.
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