Search results

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.

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.

Between March and September 1998, the Kosovo Liberation Army (KLA) was attacking the Dukagjin area in order to assert its control over that territory. All three accused held positions within the KLA.

The charges comprised of crimes against humanity and war crimes, but Trial Chamber I held that the necessary contextual elements of the former had not been satisfied. Therefore, it dismissed all counts of crimes against humanity. It did further determine that war crimes had been committed by the KLA forces, but only found sufficient evidence for some of the allegations. Accordingly, it limited the counts for which responsibility could be attributed.

There was lack of evidence to prove the existence of a common purpose to remove the Serbian, Kosovar Roma/Egyptian and Kosovar Albanian civilians from the Dukagjin area, and, therefore, the three accused could not be held guilty for participating in a joint criminal enterprise.

The Chamber found only Brahimaj guilty of torture and cruel treatment and sentenced him to 6 years of imprisonment.

The Bosnian Serb Forces conducted a campaign of attacks against the Bosnian Muslim population of Srebrenica and Žepa between March and September 1995. 

After the fall of Srebrenica in July 1995, the men were separated from the women, children and elderly, and transported to locations where they were detained and killed. 

The Trial Chamber found that these acts constituted genocide, crimes against humanity and war crimes. The Chamber found that there were two separate criminal plans, the first of which aimed to murder the Bosnian Muslim men, and the second to remove the civilians from Srebrenica and Žepa. 

For their acts and omissions, the seven accused were found guilty on several counts. The Chamber found all of the accused responsible on counts of crimes against humanity. Popović, Beara, Nikolić, and Borovčanin were found guilty for violations of the laws or customs of war, and with the exception of Borovčanin, they were also found guilty on charges of genocide. 

While Popović and Beara received a punishment of life imprisonment, the rest received sentences between 5 and 35 years of imprisonment.

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

The Trial Chamber found that Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were guilty of crimes against humanity and violations of laws or customs of war, sentencing them to 28, 20, and 12 years of imprisonment, respectively.

The three Appellants raised several grounds of appeal, arguing that the Trial Chamber erred in several of its factual and legal findings. Among others, the Appellants argued that the Trial Chamber erroneously assessed the contextual elements of crimes against humanity and war crimes as well as the separate definitions of the charged offences of enslavement, rape, torture, and outrages upon personal dignity.

The Appeals Chamber rejected all grounds of appeal adduced by the Appellants. Subsequently, it affirmed the sentences imposed by the Trial Chamber.