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Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić

Appeals Judgment, 9 May 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

The municipality of Srebrenica (Bosnia and Herzegovina) was attacked and taken under the control of the Army of the Republika Srpska (VRS) in July 1995. Bosnian Muslim men were separated from women, children and the elderly, and, subsequently, murdered. The others were removed from Srebrenica by buses. Vidoje Blagojević and Dragan Jokić played a crucial role in the commission of crimes by units of the VRS in the aftermath of the attacks on Srebrenica. Trial Chamber I convicted Blagojević of complicity in genocide, war crimes and crimes against humanity. Jokić was also found guilty of war crimes and crimes against humanity.

The Appeals Chamber found that Trial Chamber I made an error in finding Blagojević guilty of complicity in genocide, since his knowledge of the forcible transfer operations, the mistreatments and the murders were not enough to establish that he knew of the genocidal intent (a special mental requirement for the crime of genocide) of the perpetrators. Therefore, the Appeals Chamber reversed his conviction for this crime and reduced his initial sentence of 18 years to 15 years of imprisonment.

All other grounds of Blagojević's appeal were rejected, together with the grounds adduced by Dragan Jokić and the Prosecution.


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.   


Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Sentencing Judgment , 19 Jul 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone

The Armed Forces Revolutionary Council (AFRC) represented the rebel opposition group to the government of President Kabbah who was overthrown following a coup by the AFRC and Revolutionary United Front, the RUF, which formed a military junta to rule the people of Sierra Leone.

Brima, Kamara and Kanu were members of the AFRC, convicted by Trial Chamber II for commission of war crimes, crimes against humanity and other serious violations of international humanitarian law. Their crimes were characterised by a particular brutality: children were abducted from their homes, drugged and recruited as child soldiers; young women were raped and sexually assaulted; civilians had limbs amputated; others still were beaten and beheaded. The Trial Chamber imposed a sentence of 50 years each on Brima and Kanu, and 45 years for Kamara. In reaching this determination, the Chamber took into account the large number of victims, their particular vulnerability, the brutality of the crimes, the positions of authority occupied by the Accused. It found there to be no mitigating circumstances in favour of any of the Accused. 


Seifert: Canada v. Michael Seifert

Decision – Finding of Facts , 13 Nov 2007, Federal Court, Canada

Between December 1944 and April 1945 Michael Seifert (also known as Misha), a Ukranian national who had joined the SS, served as a guard at the Bolzano transit concentration camp. He moved to Canada in 1951, obtaining Canadian citizenship by claiming he was born in Estonia and withholding the fact that he had been a Nazi SS prison guard.

On 24 November 2000, the Italian military tribunal of Verona convicted Michael Seifert in absentia of 11 murders committed at a prison camp in Bolzano during World War Two and sentenced him to life in prison. The Italian government started a procedure to have him extradited to Italy and the Canadian authorities started a procedure to have him stripped of his Canadian Citizenship and extradite him. Seifert acknowledged that he was at the Bolzano camp, but denied being involved in atrocities. The Federal Court of Canada ruled that the government was within its rights to revoke Michael Seifert's citizenship as he had lied to obtain it. The Court held that Seifert obtained entry to Canada and Canadian Citizenship by misrepresentation of his activities in World War II and non-disclosure of material facts. During the 1950’s, Canada had an immigration policy that barred former members of the SS and related units such as the SD (the German intelligence agency to the SS) from gaining entry to Canada and obtaining citizenship. Therefore the Court ruled that had he told the truth, Seifert would not have been allowed into Canada.


Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović

Verdict, 19 Nov 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, 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. In first-instance, the Court convicted them of war crimes against civilians but the brothers appealed against this verdict. The defence had branded several witness testimonies to be inconsistent and contradictory, but the Court’s Appeal Panel held in second instance that the testimonies were consistent on the most important aspects. Discrepancies were explainable, according to the Appeal Panel, and to this extend the appeal was rejected. However, Goran Damjanović had also been convicted for illegal manufacturing and trade of weapons or explosive substances, and the Appeal Panel considered it unproven that the weapons found in his family’s home belonged to him. To that extend, the verdict was revoked and a re-trial ordered.


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