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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.
Glavaš: Prosecutor’s Office of Bosnia and Herzegovina v. Branimir Glavaš
Verdict, 2 Jun 2010, Supreme Court, Croatia (Hrvatska)
The case of Branimir Glavaš marks the first time that a high-ranking Croatian politician was sentenced for war crimes in relation to the Croatian war of independence.
Glavaš has denied any wrongdoing and protested his detention and trial in Croatia by going on a 40-day hunger strike in 2006. He considered his case to be politically motivated and Nikica Grzić, his defence attorney, alleged the Appellate Division Panel’s findings were based on “political, not legal statements.”
Krasniqi et al.: The Prosecutor v. Naser Krasniqi, Nexhmi Krasniqi, Fatmir Limaj and Naser Shala
Judgment, 2 May 2012, District Court of Pristina, Kosovo
In early 1998, escalating ethnic tensions and violence led to the break out of an armed conflict in Kosovo between Serbian forces and the Kosovo Liberation Army (KLA). Serbian and Albanian civilians were perceived as non-cooperative by the KLA and were subsequently targeted for intimidation, imprisonment, violence and murder. A number of Serbian military prisoners as well as Albanian civilian prisoners were detained at the Klecka detention centre by the KLA in inhumane conditions, exposed to cold, without adequate sanitation or proper nutrition. Prisoners were frequently beaten and a number amongst them were executed and their bodies buried in mass graves nearby.
Fatmir Limaj, Naser Krasniqi, Nexhmi Krasniqi and Naser Shala were all KLA members; Limaj was the commander of the 121st Brigade. They were indicted by the Special Prosecutor for war crimes and stood trial before the District Court of Pristina, operating under European Union supervision in Kosovo. All Accused were acquitted by the District Court.
On appeal however, the Supreme Court ordered a retrial of all accused and held that key evidence from Limaj’s deputy who had died in Germany the previous year would be admissible in the new trial.
Mutua et al. v. UK: Ndiki Mutua, Paulo Nzili, Wambugu Wa Nyingi, Jane Muthoni Mara and Susan Ngondi v. The Foreign and Commonwealth Office
Approved Judgment, 5 Oct 2012, The High Court of Justice, Queen’s Bench Division, Great Britain (UK)
The claimants in this case claimed that they were victims of severe atrocities at the hands of the colonial government during the struggle for independence in Kenya. They argued that the British government carried responsibility for this. In this phase of the proceedings, the British government basically argued that the events in Kenya happened too long ago to be considered on trial. The Court rejected this argument, stating that British law allowed Courts to let cases proceed which happened a long time ago. Moreover, the Court held that there were sufficient primary sources to establish what took place in the detention camps in Kenya and the UK Government’s involvement in this matter.
Ríos Montt: Rigoberta Menchu et al. v Ríos Montt et al.
Summary of Situation and Cases, 20 May 2013, Constitutional Court of Guatemala, Tribunal Primero A, Guatemala
General Efraín Ríos Montt was a former head of state of Guatemala.
In 2007, Montt was elected for a seat in the Congress. In 2012, his term of office as a member of the Congress came to an end. As a result, his immunity (heads of states are given protection from being suit without their consent) was lifted. Complaints were brought against Ríos Montt for crimes that resulted in the deaths of 1,771 indigenous Ixil people during his 17-month rule.
On 10 May 2013, Ríos Montt was found guilty of crimes committed against the indigenous Mayan population between 1960 and 1996 and was sentenced to 50 years in prison. On 20 May 2013, Guatemala’s Constitutional Court annulled the decision and set back the trial to the proceedings of 19 April 2013.
Ríos Montt is the first former head of state to be convicted of genocide by a court in his own country.
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