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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.


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.


Bin Haji Mohamed Ali and Another v. Public Prosecutor

Appeal No. 20 of 1967 by special leave from a judgment (October 5, 1966) of the Federal Court of Malaysia, 29 Jul 1968, Judicial Committee of the Privy Council, Great Britain (UK)

On 20 October 1965, Osman Bin Haji Mohamed Ali and Harun Bin Said, members of the Indonesian army, were found guilty for the murder of Susie Choo Kay Hoi, Juliet Goh Hwee Kuang and Yasin Bin Kesit. The deaths resulted from an explosion of the MacDonald House in Orchard Street, one of the main streets of Singapore. The accused were sentenced to death.

They appealed the decision by special leave to the Judicial Committee of the Privy Council. The Judicial Committee dismissed the appeal. It held that the appellants were not entitled to the protection generally afforded to army members when captured by the opposing army (protection for prisoners of war). The protection was refused because the appellants had committed acts of sabotage and were dressed in civilian clothes (not in uniform) at the time they planted the explosives and detonated them, as well as when they were arrested.


Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Order re: Prudential exhaustion, 31 Jul 2009, United States District Court Central District of California, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population.

In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’. However, regarding other claims (of environmental harm, of cruel, inhuman and degrading punishment and of consistent pattern of gross violations of human rights) the Court held that it could be assessed whether the plaintiffs should first exhaust legal remedies in Papua New Guinea. Therefore, it gave the plaintiffs one month to decide whether they wished to pursue these claims.  


Prosecutor v. Abdelkarim El. B.

Urteil (Judgment), 8 Nov 2016, Higher Regional Court, Frankfurt am Main, Germany

On 8 November 2016, German foreign fighter Abdelkarim El B. was convicted of membership in a terrorist organisation abroad, illegally possessing a Kalashnikov, and committing a war crime by treating a protected person in a gravely humiliating or degrading manner. He had travelled to Syria in September 2013 in order to fight for ISIL. On 7 November 2013, El. B. and his fellow ISIL fighters found the corpse of a Syrian army soldier. While the defendant was filming and verbally encouraging them, the other fighters cut the nose and ears of the dead body, stepped on it and then shot it in the face.  On 10 February 2014, he was arrested at the German Embassy in Ankara, Turkey, and extradited to Germany on 25 February 2015. Abdelkarim El B. was sentenced to 8 years and 6 months of imprisonment. 


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