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Kunarac et al.: The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković

Judgment, 22 Feb 2001, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

Trial Chamber II found that the acts of the Bosnian Serbs amounted to war crimes and crimes against humanity. It found the three accused responsible for these crimes.

Dragoljub Kunarac was found guilty of crimes against humanity (torture, rape, enslavement), and war crimes (torture and rape) and, subsequently, sentenced to 28 years of imprisonment.

Radomir Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape. He was sentenced to 20 years of imprisonment.

Zoran Vuković was found guilty of torture and rape as both war crimes and crimes against humanity. Trial Chamber II sentenced him to 12 years of imprisonment.


Samardžić: The Prosecutor v. Neđo Samardžić

Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.

The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.


Wagner: R. v. Heinrich Wagner

Judgment, 18 Oct 1993, Supreme Court of South Australia, Australia


Presbyterian Church Of Sudan v. Talisman Energy: The Presbyterian Church Of Sudan, et al. v. Talisman Energy, Inc. And Republic Of The Sudan

Judgment, 2 Oct 2009, Court of Appeals for the Second Circuit, Unites States of America, United States

In 2001 the Presbyterian Church of Sudan filed a lawsuit against the Canadian oil and gas producer, Talisman Energy, under the US Alien Tort Claims Act, which provides US courts with original jurisdiction over certain tort claims filed by aliens. In the suit, it was claimed that Talisman aided the Government of Sudan in the commission of genocide, war crimes and crimes against humanity. According to the claim, Talisman worked alongside the Sudanese Government in the creation of buffer zones around certain oil fields, which effectively assisted human rights violations and the perpetration of international crimes in order to gain access to oil by displacing the population living in the areas around the oil fields and attacking their villages.

The District Court of New York dismissed the claim on 12 September 2006. On 3 October 2009, the decision was affirmed by the US Court of Appeals for the Second Circuit.  The Court of Appeals held that, due to previous case law, it had to look at international law to decide what standard was applicable to establishing aiding and abetting liability for human rights violations. Turning to international law, the Court held that purposefully intending the violations, rather than knowledge of the violations alone, was the applicable standard. So, in order to determine liability under the Alien Tort Claims Act the plaintiffs must show that “Talisman acted with the “purpose” to advance the Government’s human rights abuses.” The Court held that the claimants had failed to establish that Talisman “acted with the purpose to support the Government’s offences”.


Case 002/01

Case 002/01 Judgement , 7 Aug 2014, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia

The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.

Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.

Both defendants appealed.


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