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Physicians for Human Rights et al v. Prime Minister of Israel et al.: Physicians for Human Rights and others v. Prime Minister of Israel and others & Gisha Legal Centre for Freedom of Movement and others v. Minister of Defence
Judgment, 19 Jan 2009, The Supreme Court sitting as the High Court of Justice, Israel
When Hamas, a Palestinian armed resistance group, came into power in Gaza, southern Israel was increasingly subject to heavy missile attacks. On 27 December 2008, the Israeli Defence Forces (IDF) began a large-scale military operation that Israel initiated in the Gaza Strip in order to stop the shooting of mortars. During that operation, also known as “Operation Cast Lead”, the IDF entered the Gaza Strip and attacked targets used by Hamas. In January 2009, two organisations filed a complaint against Israel and claimed that during the operation, the IDF did not protect medical centres and personnel, did not help with the transfer of wounded people, and did not supply electricity to the Gaza Strip. The Israeli Supreme Court found that Israel was acting reasonably and had not violated any international rules.
Hutchins III: United States of America v. Lawrence G. Hutchins III
Published Opinion of the Court, 22 Apr 2010, Navy-Marine Corps Court of Criminal Appeals, Washington D.C., United States
Lawrence G. Hutchins III was a U.S. Marine Sergeant and a squad leader of a unit conducting counterinsurgency operations. Together with seven other U.S. Marines, they were accused of having killed Iraqi war veteran Hashim Ibrahim Awad on 26 April 2006.
The Navy-Marine Corps Court of Criminal Appeals reversed the conviction due to lack of a fair trial when one of Hutchins’ primary attorneys departed shortly before the court-martial began. Hutchins was once more freed on appeal on 26 June 2013 when the Court of Appeals for the Armed Forces threw out the convictions entered against him, after he has served half of his 11-year sentence. On 28 January 2014 the commanding general of the U.S. Marine Corps moved for third retrial “due to the seriousness of the charges and the amount of evidence that had been compiled through investigations.”
Kalimanzira: Callixte Kalimanzira v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Callixte Kalimanzira was the directeur de cabinet in the Ministry of Interior, the ministry’s second most senior official, from September 1992 through the relevant events of 1994. On 22 June 2009, Trial Chamber III of the ICTR found Kalimanzira guilty of instigating and aiding and abetting genocide at the roadblock on Butare-Gisagara road around 22 April 1994, at Kabuye hill on 23 April 1994 and at the inauguration of Élie Ndayambaje as mayor of Muganza Community on 22 June 1994. In addition, Kalimanzira was convicted for committing direct and public incitement to commit genocide in Butare prefecture. He was sentenced to 30 years of imprisonment.
Both the Accused and the Prosecution filed an appeal against the Trial judgment. On 20 October 2010, the Appeals Chamber affirmed the conviction for aiding and abetting genocide at Kabuye hill but overthrew the remaining convictions after finding several factual and legal errors in the Trial Chamber’s assessment. The Chamber dismissed the Prosecution’s appeal in its entirety and reduced Kalimanzira's sentence from 30 years to 25 years of imprisonment.
Šljivančanin: The Prosecutor v. Veselin Šljivančanin
Review Judgement (Public), 8 Dec 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Šljivančanin was in charge of a security force within the Yugoslav People’s Army that moved prisoners from the Vukovar hospital to Ovčara, where they were tortured and murdered. In the earlier phases of his trial, Šljivančanin was found guilty on counts of torture as a war crime and was sentenced to five years’ imprisonment. Later, the Appeals Chamber extended his conviction to the count of murder as war crime and sentenced him to 17 years’ imprisonment. The reason behind this decision was a conversation between Šljivančanin and his superior which proved the former's intentions to contribute to the murdering of the prisoners.
In 2010, however, a new witness contacted the Defence team of Šljivančanin, expressing his intentions to testify about the conversation in question. According to his testimony, the conversation did not evidence that Šljivančanin had the required intention.
The Appeals Chamber accepted the testimony of the witness as constituting a new fact for the purposes of the trial and allowed the review motion.
After closely considering the testimony and the arguments brought by the Prosecution against the testimony, the Chamber concluded that the statements of the witness were credible. Accordingly, it ruled that the conviction on the count of murder had to be vacated and the sentence was reduced to 10 years of imprisonment.
German Piracy Trial
Urteil, 19 Oct 2012, Regional Court of Hamburg (Landgericht Hamburg), Germany
On 5 April 2010, ten Somalis attacked the Taipan, a container ship sailing under the German flag off the Horn of Africa. The Dutch naval forces arrested the Somalis and, on 10 June 2010, transferred them to Germany. The trial commenced on 22 November 2010, representing the country’s first piracy trial in 400 years.
On 19 October 2012, the Hamburg Regional Court found the Somalis guilty and handed down sentences ranging between two and seven years.
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