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Eshetu Alemu
Judgment, 8 Jun 2022, The Court of Appeal in The Hague, The Netherlands
In the 1970s, the “Derg” military government took over the state power in Ethiopia. This “Red Terror” regime included a violent crackdown on rebel groups and other political opponents, including the Ethiopian Peoples Revolution Party (EPRP), with whom the Derg was engaged in a non-international armed conflict. In an effort to eradicate the EPRP, the accused Eshetu Alemu, the sole representative of the Derg in the Gojjam region, ordered the unlawful arrest of around 300 alleged party members. They were detained in cruel and inhumane conditions and subjected to torture and killings.
The Court of Appeal established that Alemu knew and participated in these war crimes and sentenced him to life imprisonment, upholding the verdict of the District Court of The Hague in 2017.
The investigation and prosecution of these crimes began after an investigative journalist published an article about the defendant in 1998. He had been living in the Netherlands, holding Dutch nationality at that point and had not been held accountable for the atrocities.
Al Bahlul v. United States of America: Ali Hamza Ahmad Suliman Al Bahlul v. United States of America
Opinion for the Court filed by Circuit Judge Pan, 25 Jul 2023, United States Court of Appeals for the District of Columbia Circuit, United States
Al Bahlul is a Yemeni national that has been imprisoned at the United States Detention Camp at the Guantanamo Bay Naval Base, Cuba, since 2002. After over a decade of legal proceedings related to his role as a media and propaganda secretary in al Qaeda and his involvement in the 2000 Bombing of U.S.S. Cole and the 9/11 Attacks on the World Trade Center in New York, USA, the D.C. Circuit Court rejected his appeal for resentencing and upheld his life sentence.
While Al Bahlul’s legal team argued that the lower courts and the Military Commission failed to adequately reconsider his sentencing after his initial 2008 convictions were appealed and evidence of potential torture was introduced, the D.C. Circuit disagreed. It held that the CMCR adequately considered the appropriate sentence for the conspiracy conviction and that evidence on the grounds of torture was inadmissible because regulations on admissible evidence were stricter at the time of Bahlul’s original sentencing and he should have made that claim in the previous decade of appeals.
Hass & Priebke: Public Prosecutor v. Karl Hass and Erich Priebke
Sentenza sul ricorso, 16 Nov 1998, Supreme Court of Cassation / Corte Suprema di Cassazione, Italy
Aleksovski: The Prosecutor v. Zlatko Aleksovski
Judgment, 24 Mar 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993. Trial Chamber I found him guilty of outrages upon personal dignity as a violation of the laws or customs of war.
The Appeals Chamber held that Trial Chamber I applied the wrong test for determining the nature of the armed conflict and the status of the protected persons. However, it did not reverse the acquittals on the two counts of grave breaches of the Geneva Conventions.
The Appeals Chamber also agreed with the Prosecution that Trial Chamber I should have found Aleksovski responsible not only for the mistreatments that occurred inside the Kaonik prison but also for those that occurred outside of it. The Appeals Chamber revised the sentence to 7 years of imprisonment.
Bektašević et al.: Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović,Senad Hasanović
Verdict, 10 Jan 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, and Senad Hasanović were indicted in 2005 on charges of terrorism for their intended commission of terrorist acts, including a suicide bombing attack in order to coerce the Bosnian government or other European governments to withdraw their forces from Iraq and Afghanistan.
The Court of Bosnia and Herzegovina found the accused guilty with respect to both terrorism and the attempted obstruction of an official. The sentences handed down ranged between 15 years 4 months and 6 months.
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