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Deronjić: The Prosecutor v. Miroslav Deronjić

Judgment on Sentencing Appeal, 20 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Miroslav Deronjić was brought before the ICTY for his role in the commission of crimes in the village of Glogova in Bosnia and Herzegovina in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties and homes. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty. He was sentenced to 10 years' imprisonment.

He appealed the imposed sentence, adducing four grounds of appeal.

First, he argued that Trial Chamber II reached its conclusions on the basis of evidence that was not among the documents agreed upon with the Prosecution. Furthermore, he asserted that Trial Chamber II erroneously found that it was not bound to apply a more lenient penalty than the national laws of the former Yugoslavia would envisage. The Appeals Chamber concluded that those domestic laws do not bind the Tribunal and thus his argument could not be upheld. In his last two grounds of appeal, Deronjić argued that Trial Chamber II made errors in the assessment of the aggravating and mitigating circumstances. The Appeals Chamber found, however, no errors.

As a result, all four grounds of appeal were dismissed and the sentence of 10 years of imprisonment was upheld.


Samardžić : Neđo Samardžić v. The Prosecutor

Verdict, 13 Dec 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, 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 first instance Court sentenced Samardžić to imprisonment for a term of 13 years and 4 months. Where in first instance the accused was found guilty of 4 counts, on appeal the Appellate Panel established that the accused had committed the acts in counts 1 through 9. Furthermore the Court found that there were several aggravating circumstances, such as the fact that the accused repeated the acts, he expressed particular brutality, which caused severe physical and mental pain to the injured parties and the fact that at the time of the crimes some of the injured parties were still very young girls. Moreover the accused had a prior conviction for murder. Therefore on 13 December 2006, believing that it corresponded with the degree of his criminal responsibility, his motives and the intensity and degree of the protected value, theAppellate Panel found Samardžić guilty of Crimes against Humanity and sentenced him to an imprisonment of twenty-four years, more than ten years more than in first instance.


Lipietz et al.: Société Nationale des Chemis de Fer Francais v. Georges Lipietz and A

Judgment, 27 Mar 2007, Administrative Court of Appeal of Bordeaux, 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. In the present decision, the Court held that the SNCF were acting under the command of the German authorities and could not therefore be held responsible.


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.   


Ramić: The Prosecutor v. Niset Ramić

Verdict, 17 Jul 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina

In the morning of 20 June 1992, a group of armed soldiers entered the settlement of Hlapčevići and surrounded the homes of Serb inhabitants. Ramić ordered these armed soldiers to take persons out of their houses, tie their hands with a cord and search their houses. After that, Ramić ordered them to move to the Youth Center of the municipality. At a certain point, the men were stopped and lined up against the wall of a house. One of them was asked for information regarding hidden weapons and minefields. When the questions remained unanswered, the accused shot at him and at the other civilians. He also shot a second time when they were lying on the ground. Three men died instantly, and one succumbed to his injuries on the way to the hospital. Two were seriously injured.

 On 17 July 2007 by first instance verdict, Niset Ramić was found guilty of war crimes against civilians and sentenced to 30 years compound long-term imprisonment sentence.


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