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Blaškić: The Prosecutor v. Tihomir Blaškić

Judgment, 29 Jul 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. The Trial Chamber found him responsible for war crimes and crimes against humanity and sentenced him to 45 years of imprisonment. 

The Appeals Chamber found numerous errors in the trial judgment. 

Firstly, it held that the mental requirement for the mode of responsibility of ordering a crime under the Statute of the Tribunal was erroneously determined. Convicting Blaškić on the basis of the same facts under two separate modes of responsibility was also found to be an error. Secondly, the Appeals Chamber found that the Trial Chamber made errors in its assessment of the contextual requirements of crimes against humanity. And thirdly, the Appeals Chamber acquitted Blaškić of several charges committed in various locations in central Bosnia since it found that the prerequisite elements of these crimes have not been fulfilled.

The Appeals Chamber concluded by reducing Blaškić' sentence to 9 years prison.


Taylor: The Prosecutor v. Charles Ghankay Taylor

Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.

Charles Taylor was sentenced to fifty years of imprisonment.

On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence. 


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


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