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Kurtović: Prosecutor's Office of Bosnia and Herzegovina v. Zijad Kurtović
Second Instance Verdict, 25 Mar 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Zijad Kurtović, a commander of a military police platoon of the Bosnian army, was accused of involvement in war crimes committed during the war between Croatia and Bosnia (1992-1995). More specifically, he was charged with torturing and otherwise inflicting serious mental and physical harm to Croatian civilians and prisoners of war in a Roman Catholic church in October 1993, by beating them, forcing them to eat pages from the Bible, using and ordering others to use Croatian civilians and prisoners of war as human shields on the frontlines, and with forcing two detained HVO soldiers to perform an oral sexual intercourse. In first instance, Kurtović was found guilty on all charges and sentenced to 11 years’ imprisonment.
Kurtović appealed on several grounds, arguing that the first instance Panel had erred in law (using the wrong law) and in fact (wrongly established certain facts). The prosecution also appealed against the sentence, which was, in its view, too lenient. The Appellate Panel partly agreed with Kurtović where it concerned the classification of the crimes. It could not be established with certainty which victims had been combatants; however, as it was evident that all detained persons were entitled to protection under common Article 3 of the 1949 Geneva Conventions, and that they were to be qualified (as is usual under the law of war in case of doubt) as civilians. However, the findings on the facts remained further unchanged. Therefore, the Appellate Panel amended the conviction to only include war crimes against civilians and the wanton destruction of religious monuments. The prosecutor’s appeal was dismissed; the 11-year prison sentence was upheld.
Kapić : Prosecutor's Office of Bosnia and Herzegovina v. Suad Kapić a/k/a Hodža
Verdict (Third Instance), 10 Sep 2010, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
Kujundžić: Prosecutor's Office of Bosnia and Herzegovina v. Predrag Kujundžić
Second Instance Verdict, 4 Oct 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Predrag Kujundžić was born on 30 January 1961 in the village of Suho Polje in the municipality of Doboj, Bosnia and Herzegovina. Kujundžić was the commander of the Predini vukovi military unit, which functioned as part of the army of the Republika Srpska.
The Prosecutor’s Office of Bosnia and Herzegovina alleged that on 12 June 1992, Kujundžić occupied the village of Čivčije Bukovačke, and subsequently blew up the village’s mosque, plundered and set on fire some houses, and ordered that all Bosniak men gathered in front of the village’s culture center. After the men (160 in total) were gathered, they were exposed to a several hours’ long physical and mental abuse by Kujundžić and his unit members. Subsequently, all men were taken to the Perčin disco camp located in the place of Vila in the Doboj municipality, where they were confined on inadequate premises and exposed to every-day abuses by various groups of soldiers who could freely enter the camp.
On 4 October 2010, the Court of Bosnia and Herzegovina found Kujundžić guilty and sentenced him to 17 years imprisonment.
Manek et al.: The Deputy General Prosecutor for Serious Crimes v. Manek et al.
Indictment, 28 Feb 2003, District Court of Dili, Special Panel for Serious Crimes, East Timor
Doe I et al. v. UNOCAL et al.: John Doe I et al. v. UNOCAL Corp. et al.
Ruling on UNOCAL Defendants' Motion for Judgment, 14 Sep 2004, Superior Court of California, Country of Los Angeles, United States
In 1979, fourteen Burmese villagers filed a complaint against the oil company UNOCAL. They claimed that they suffered abuses including torture and rape during the construction of the Yadana Pipeline. UNOCAL allegedly assisted in the abuses perpetrated by the military government in Rangoon.
The Burmese villagers based their claim on the Alien Tort Claims Act (ATCA), which allows US courts to decide cases in respect of foreign nationals for crimes that occurred outside of the US.
In the particular decision, the Superior Court held that even though one of the theories of the Burmese villagers was refused, the case was not dismissed and as a result, they were allowed to proceed with their further theories. On 14 September 2004, the defendants’ motion for judgment was denied.
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