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Zardad: Regina v Faryadi Sarwar Zardad
Judgment, 7 Feb 2007, Court of Appeal, Criminal Division, Great Britain (UK)
After the withdrawal of Soviet troops from Afghanistan in 1989, the country was controlled by warlords. Faryadi Sarwar Zardad joined the political and paramilitary organisation Hezb-e Islami, founded in 1977 by warlord Gulbuddin Hekmatyar. In 1992, Zardad was in control of a checkpoint located in the town Sarobi located on the most important route between Kabul and Pakistan. He also exercised command over more than 1000 men who were said to have terrorised, tortured, imprisoned, blackmailed and killed civilians passing by the route. Zardad was found guilty of torture and hostage taking in Afghanistan and was sentenced to 20 years of imprisonment.
El-Shifa v. USA: El-Shifa Pharmaceutical Industries Company et al. v. United States of America
Memorandum Order, 28 Mar 2007, United States District Court for the District of Columbia, United States
In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.
In November 2005, the District Court found that El-Shifa Pharmaceutical Industries failed to show that the US waived its sovereign immunity regarding the asserted claims. This meant that the District Court did not have jurisdiction to hear the plaintiff’s claims. Accordingly, the District Court dismissed the complaint.
In March 2007, the District Court denied the plaintiff’s motion to alter judgment, in which it sought to the reinstate their defamation and law of nations claims. The District Court based its decision on the fact that the plaintiffs did not adduce any new evidence or arguments to support that an error of law was made during the earlier decision of November 2005.
Payne: Regina v. Payne
Sentencing Hearing Transcript, 30 Apr 2007, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)
In September 2003, members of the Queen’s Lancashire Regiment of the British Armed Forces detained a number of Iraqi individuals in the course of a series of hotel raids in Basra. The detainees were forced to adopt stress positions for prolonged periods of time, they were hooded and handcuffed, they were denied sleep and a particularly egregious method was adopted to ensure that they stayed awake, known as the “choir.” The detainees would be kicked and punched if they fell asleep, in response to which they would cry out in pain, resembling the voice of a choir.
Following an investigation, 7 members of the armed forces were brought before a Court Martial in Wiltshire, including Corporal Donald Payne. Payne was cleared of manslaughter and perverting the course of justice charges but he pleaded guilty to inhuman treatment in violation of the laws of war. He was sentenced to 12 months’ imprisonment and he was dismissed from service. The case was very well publicised, and Payne became the first member of the British armed forces to be convicted of a war crime under the provisions of the 2001 International Criminal Court Act. The questions that the Court Martial left unanswered later formed the subject of the Baha Mousa Inquiry, named after the detainee who died as a result of his interrogation.
Kovačević: War Crimes Prosecutor v. Vladimir Kovačević aka "Rambo"
Indictment, 26 Jul 2007, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Vladimir Kovačević was a Commander of the Yugoslav Peoples’ Army (JNA) during the Croatian War of Independence (1991-1995). On 6 December 1991, Kovačević allegedly ordered his troops to bombard the city of Dubrovnik. As a result, two people were killed, three others were seriously wounded, six buildings were destroyed, and 46 buildings were substantially damaged.
In February 2001, Kovačević was officially charged with violation of the laws of war (attack against civilians and civilian objects). Even though Kovačević was initially to be tried at the International Criminal Tribunal for the Former Yugoslavia (ICTY), he was declared mentally sick and not fit to stand trial.
In November 2006, the ICTY referred the case to the authorities of the Republic of Serbia.
On 26 July 2007, the Serbian Office of the War Crimes Prosecutor issued an indictment against Kovačević, charging him with war crimes against civilians.
Ramić: Niset Ramić v. The Prosecutor
Appellate Verdict, 21 Nov 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
On 20 June 1992 in the village of Hlapčevići, Ramić ordered a group of around eight soldiers to surround three Serb inhabitants’ houses. Following this, together with other soldiers, he took six individuals of Serb ethnicity out of the houses and ordered them to move toward the Youth Centre in the village of Hlapčevići. On their way to the Centre, Ramić stopped the group and called one person to step out and to inform him about the location of hidden weapons and minefields. After this person did not answer, Ramić shot him with an automatic firearm, and then turned to the other captured civilians and fired at them as well. As a consequence, four civilians were killed and two wounded. These acts constitute a violation of the rules of the laws of war, as set out in the Geneva Conventions.
Ramić pleaded not guilty. However on 17 July 2007 the Court sentenced him to 30 years imprisonment for War Crimes against Civilians. On 21 November 2007 the Appellate Panel issued the final verdict in the Ramić case, finding that the appeal was unfounded and that the Trial Panel’s verdict sentencing Ramić to 30 years of long-term imprisonment had to be upheld.
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