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Jelisić: The Prosecutor v. Goran Jelisić
Judgment, 14 Dec 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Jelisić was brought before the ICTY for his role in the commission of crimes in the municipality of Brčko (Bosnia and Herzegovina) in 1992. During this time, the Serb forces obtained control over the area and expelled the Croat and Muslim residents from their homes. The non-Serbs were detained in collection centres, such as the Luka camp near the town of Brčko (Bosnia and Herzegovina). Those detained were subjected to inhumane conditions, killings and mistreatments. Jelisić regularly entered the Luka camp and beat, mistreated and often killed the detainees.
Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity.
Trial Chamber I held that the requirements of his guilty plea have been fulfilled and, subsequently, it found Jelisić guilty of all counts of crimes against humanity and war crimes to which he pleaded guilty.
With respect to genocide, Trial Chamber I found that there was insufficient evidence to prove the existence of a special plan to destroy the Muslim group (the special intent element required for the crime of genocide) in Brčko, Bosnia and Herzegovina. Similarly, Trial Chamber I found that even Jelisić himself did not have this special intent. Therefore, he was acquitted of the charge of genocide.
Jelisić was sentenced to 40 years of imprisonment.
Tadić: The Prosecutor v. Duško Tadić a/k/a “Dule”
Sentencing Judgment in First Instance, 14 Jul 1997, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes.
In order to determine the appropriate sentence, Trial Chamber II balanced several sentencing factors. Trial Chamber II, when assessing the aggravating factors, took into consideration the gravity of the offences and Tadić’s awareness of, and support for the attacks against the non-Serb civilians. However, Trial Chamber II considered that Tadić had an unimportant leadership and organisational role in the commission of the crimes.
Trial Chamber II also affirmed its previous findings that crimes against humanity are more serious offences than war crimes and as such, attract higher sentences. The reason for this lies in the widespread or systematic scale and the quantity of the crimes, having a qualitative impact on the nature of the offence which is seen as a crime against humanity as a whole.
Tadić was sentenced to 20 years’ imprisonment.
Ludji & Gusmao: Deputy General Prosecutor for Serious Crimes v. Beny Ludji and Jose Gusmao
Juglamento, 19 May 2004, District Court of Dili, Special Panel for Serious Crimes, East Timor
Evans et al.: Regina v. Evans et al.
Decision following submissions of no case to answer, 3 Nov 2005, General Court Martial, Colchester, Great Britain (UK)
Seven U.K. soldiers were on patrol in Iraq on 11 May 2003, with the mission to look out for and halt persons attempting to smuggle money via neighbouring Iran. In the afternoon, a white Toyota pick-up truck came near to their checkpoint, but then drove away as if it was trying to avoid it. The patrollers decided to chase the car. They followed it until the village of Al-Ferkah, where they boxed the car with their vehicles. What happened then, is not entirely clear; what is known, though, is that force was used against both occupants; they were later taken to a hospital, but one of them, the 18 year old Nadhem Abdullah, was severely injured at his head and therefore sent to the Basra hospital for specialist treatment. Somewhere during the trip he died as consequence of his injuries. The U.K. military prosecutor accused the seven soldiers – a Corporal and six Privates under his command – of murder and violent disorder.
The judge found that there were serious issues with the evidence; most of the witness statements were either exaggerated or plain lies. Although it could be established that Abdullah had been assaulted by the accused’s section, it was unclear whether their use of force – which was in principle allowed, as part of their mission to bring an end to smuggling and other armed activities compromising security in the area – had been unlawful in the current case. Furthermore, no individual soldier could be identified as the person dealing the fatal blow, and no one could be individually found to have joined or encouraged an unlawful assault. Hence, all seven were acquitted of all charges.
Drljača: Prosecutor's Office of Bosnia and Herzegovina v. Mladen Drljača
Indictment, 19 Mar 2008, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Mladen Drljača was born on 5 March 1958 in Bosanska Krupa in northwestern Bosnia and Herzegovina. During the war in Bosnia and Herzegovina (1992-1995), he was a key official and held several offices in the municipality of Bosanska Krupa. Drljača was suspected of having committed crimes against humanity, war crimes against civilians, and war crimes against prisoners of war in the period between the beginning of April 1992 and 31 December 1992. In particular, Drljača was charged with participating in the detention of Bosnian Muslims in the Jasenica primary school and the Petar Kočić school, and in questioning the Jasenica detainees in the Provisional Military Court.
On 19 March 2008, the Prosecutor's Office of Bosnia and Herzegovina issued an indictment.
On 7 May 2013, Drljača was acquitted by the Appeals Division of Section I for War Crimes of the Court of Bosnia and Herzegovina because it had not been proven that he committed the alleged crimes.
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