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Lipietz et al.: Mme L and Others
Judgment, 21 Dec 2007, Conseil d’Etat, France
Georges Lipietz and his half-brother were arrested in southern France in 1944 on account of their Jewish descent. They were deported to an internment camp at Drancy via Toulouse and Paris.
Although the internment camp was liberated in August 1944 and the Lipietz brothers were freed, they sued the French state and the French National Railway Company (SNCF) for complicity in their deportation, as they had been transported by French rail and detained at the authority of the Home Secretary. Having initially won their case before the Administrative Court of Toulouse and having been awarded 61 000 Euros in damages, the decision was reversed on appeal by the Administrative Court of Appeal of Bordeaux.
On appeal to the Conseil d’Etat, the highest administrative court in France, the Court upheld the reasoning of the Administrative Court of Appeal. It considered that it was not competent to hear the appeal because the SNCF at the relevant time in question was a private company under the command of the German authorities and not exercising its own public authority. It is for the judicial order, and not the administrative one, to decide on the matter.
Sipic: The Prosecutor v. Idhan Sipic
Verdict in First Instance, 22 Feb 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
During the war in the Former Yugoslavia, Idhan Sipic was a member of the Reconnaissance and Sabotage Commando Company, which was part of the 5th Corps of the Army of Bosnia and Herzegovina. On an unspecified day in mid-September 2005, in the territory of the Kljuc Municipality, Sipic entered the house of an elderly woman of Serb ethnicity, Anja Banjac and killed her with a bayonet by stabbing her in the neck.
Sipic was charged with war crimes against civilians, specifically murder. The Court found him guilty of this crime. The Court reasoned that Anja Banjac was without a doubt a civilian, killing civilians is a violation of international humanitarian law; the crime was perpetrated during the war and had a clear connection to the war. Sipic was sentenced to 8 years’ imprisonment, which was a significantly mild sentence. The Court took as an extenuating circumstance that Sipic admitted to the crime.
Lozano v. Italy: Mario Luiz Lozano v. the General Prosecutor for the Italian Republic
Sentenza, 24 Jul 2008, Supreme Court of Cassation, First Criminal Chamber, Italy
Lipovac: Prosecutor's Office of Bosnia and Herzegovina v. Damir Lipovac
Indictment, 22 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina
Pekez et al.: Prosecutor's Office Bosnia and Herzegovina v. Mirko Pekez, Mirko Pekez and Milorad Savić
Verdict, 29 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were all born in Bosnia and Herzegovina. During the armed conflict in Bosnia and Herzegovina, which began in April 1992 and ended in November 1995, the three of them were members of the Army of Bosnia and Herzegovina (VRS).
On 10 September 1992, members of the VRS took Bosnian civilians out of their homes in Ljoljići-Čerkazovići located in the municipality of Jajce (central Bosnia and Herzegovina), and subsequently brought them to the nearby village of Draganovac where they were lined up against the edge of an abyss before being shot. Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were charged for their participation in the killing of 23 and the wounding of four of the Bosnian civilians. On 29 September 2008, the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina found Pekez (son of Mile) guilty for the crimes, and ordered a retrial.
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