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Bancoult v. McNamara: Olivier Bancoult et al. v. Robert S. McNamara et al.

Appeal from the United States District Court for the District of Columbia, 21 Apr 2006, United States Court of Appeal, District of Columbia, Unites States of America, United States

The Chagos Archipelagos are a collection of small islands in the middle of the Indian Ocean. Under British administration since 1814, they were home to approximately 1000 inhabitants by the 1960s who lived on and cultivated the land, educated their children and raised their families.

In 1964, the British and the United States governments entered into secret negotiations the outcome of which was the establishment of a military base on Diego Garcia, the Chagos Archipelagos largest islands. In order to do so, from 1965 until 1971, the population of Chagos was forcibly relocated: those who had left on trips abroad were denied re-entry, an embargo was put in place preventing the delivery of crucial food supplies and the remaining population was forcibly loaded onto ships and relocated to Mauritius and the Seychelles.

The present civil suit is brought by the indigenous peoples of Chagos, their survivors and their descendants against the United States and a number of high-ranking individuals within the US Government whom the plaintiffs consider responsible for their forcible relocation. By a decision of 21 December 2004, the District Court for the District of Columbia held that the case was not justiciable as it required the judiciary to review political questions. On appeal, the Court of Appeals for the District of Columbia Circuit affirmed the decision of the lower court. 


Samardžija: The Prosecutor v. Marko Samardžija

Verdict, 3 Nov 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina

Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command that the Bosniak (Muslim) men from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses. Men older than 18 and younger than 60 were then consequently murdered in groups of 5 to 10. This resulted in the deaths of at least 144 Bosniak men.

While taking into account the ICTY and ICTR case law, and while pointing out that the issue of legality was not violated, the Court determined that Samardžija assisted in the commission of crimes against humanity. As a result, on 3 November 2006, the Trial Panel of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (murder) and sentenced him to 26 years’ imprisonment


Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović

Verdict, 18 Jun 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina

During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. The Court convicted them for war crimes against civilians. As some of the victims were injured, and all of them had surrendered, when the brother started their onslaught, they had attained the status of civilian under international humanitarian law. The Court heavily relied on witness statements to establish that the brothers had intentionally targeted Bosniaks, in the context of the armed conflict, and that they had intentionally inflicted severe pain on them. Zoran Damjanović was sentenced to 10 years and 6 months of imprisonment. Goran Damjanović was sentenced to 12 years of imprisonment, as he was also convicted for illegal manufacturing and trade of weapons or explosive materials.   


Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Sentencing Judgment , 19 Jul 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone

The Armed Forces Revolutionary Council (AFRC) represented the rebel opposition group to the government of President Kabbah who was overthrown following a coup by the AFRC and Revolutionary United Front, the RUF, which formed a military junta to rule the people of Sierra Leone.

Brima, Kamara and Kanu were members of the AFRC, convicted by Trial Chamber II for commission of war crimes, crimes against humanity and other serious violations of international humanitarian law. Their crimes were characterised by a particular brutality: children were abducted from their homes, drugged and recruited as child soldiers; young women were raped and sexually assaulted; civilians had limbs amputated; others still were beaten and beheaded. The Trial Chamber imposed a sentence of 50 years each on Brima and Kanu, and 45 years for Kamara. In reaching this determination, the Chamber took into account the large number of victims, their particular vulnerability, the brutality of the crimes, the positions of authority occupied by the Accused. It found there to be no mitigating circumstances in favour of any of the Accused. 


Kovačević: War Crimes Prosecutor v. Vladimir Kovačević aka "Rambo"

Indictment, 26 Jul 2007, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Vladimir Kovačević was a Commander of the Yugoslav Peoples’ Army (JNA)  during the Croatian War of Independence (1991-1995). On 6 December 1991, Kovačević allegedly ordered his troops to bombard the city of Dubrovnik. As a result, two people were killed, three others were seriously wounded, six buildings were destroyed, and 46 buildings were substantially damaged.

In February 2001, Kovačević was officially charged with violation of the laws of war (attack against civilians and civilian objects). Even though Kovačević was initially to be tried at the International Criminal Tribunal for the Former Yugoslavia (ICTY), he was declared mentally sick and not fit to stand trial.

In November 2006, the ICTY referred the case to the authorities of the Republic of Serbia.

On 26 July 2007, the Serbian Office of the War Crimes Prosecutor issued an indictment against Kovačević, charging him with war crimes against civilians.


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