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Vujović: Office of the War Crimes Prosecutor v. Miroljub Vujović et al.
Indictment, 16 Sep 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
The accused were all members of the Vukovar Territorial Defence force (TO) or of the volunteer unit called “Leva Supoderica”.
On 18 November 1991, members of the Croatian armed forces surrendered themselves to the Yugoslav People's Army (JNA). As a result, they had to enjoy certain rights and protection under international law because they were prisoners of war. For instance, they had to be treated humanely, should not be beaten or killed. Nevertheless, they were taken to the Ovčara farm in the Vukovar municipality on 20 and 21 November 1991, where they were brutally beaten, injured, and killed by members of the TO force (including the accused). Approximately 200 Croatians were killed at the Ovčara farm.
R. v. Hamdan: Regina v. Othman Ayed Hamdan
Oral Reasons for Judgment, 22 Sep 2017, Supreme Court of British Columbia, Canada, Canada
Palestinian refugee Othman Ayed Hamdan was charged after posting on various Facebook accounts and pages regarding Middle East politics, particularly supporting ISIS presence in Iraq and Syria. He believed he was carrying out jihad, meaning struggle. The charges arose from 85 posts from Facebook accounts and pages. To prove the elements of the crime, the Crown had to prove two things: 1) that posts were likely to incite a reader to commit a terrorist act and 2) that Hamdan intended to incite his audience.
The Court determined that a reasonable person would find only one of the posts to be an active inducement to commit a terrorist act; however, the court also determined that the Crown could not prove Hamdan intended to induce a reader beyond a reasonable doubt. While the Court did not find Hamdan’s testimony on his intent credible, the court acquitted him because there was reasonable doubt.
Vinuya v. Philippines: Vinuya et al. v. Executive Secretary et al.
Decision, 28 Apr 2010, Supreme Court, Philippines
The petitioners were members of the non-governmental organisation Malaya Lolas, acting on behalf of the so-called ‘comfort women’ who during World War II, in December 1937, were kidnapped from their homes by Japanese soldiers. They were brought to barracks-like buildings where they had to live, and where they were repeatedly beaten, raped and abused. During that time, the young women were forced to have sex with as many as 30 Japanese soldiers per day.
The petitioners filed a case asking for support from the Philippine government in their action against Japan, who had previously rejected claims for compensation. The Supreme Court of the Philippines, however, refused to oblige the government to provide that support.
M.H.: Prosecutor v. M.H.
Verdict, 25 Jun 1997, District Court of Osijek, Croatia (Hrvatska)
The accused M.H. was a Croatian Serb who backed up the occupation of the village of Branjina (eastern Croatia) by the Yugoslav National Army (JNA) as part of paramilitary forces. As a member of the Territorial Defense (TO) in the village, he had absolute authority. The District Court of Osijek found him to be guilty of crimes against humanity and war crimes and sentenced him to five years of imprisonment in accordance with article 119 of the Basic Criminal Law of the Republic of Croatia.
Kayishema & Ruzindana: The Prosecutor v. Clément Kayishema and Obed Ruzindana
Judgement / Sentence, 21 May 1999, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.
The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.
On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.
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