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Kunarac et al.: The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković
Judgment, 22 Feb 2001, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
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.
Trial Chamber II found that the acts of the Bosnian Serbs amounted to war crimes and crimes against humanity. It found the three accused responsible for these crimes.
Dragoljub Kunarac was found guilty of crimes against humanity (torture, rape, enslavement), and war crimes (torture and rape) and, subsequently, sentenced to 28 years of imprisonment.
Radomir Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape. He was sentenced to 20 years of imprisonment.
Zoran Vuković was found guilty of torture and rape as both war crimes and crimes against humanity. Trial Chamber II sentenced him to 12 years of imprisonment.
Kunarac et al.: The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković
Judgement, 12 Jun 2002, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
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.
Božić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.
Verdict, 5 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
In this second-instance verdict, the Appellate Division upheld the first-instance verdict and found the accused Mladen Blagojević guilty of crimes against humanity. The Division sentenced him to seven years of imprisonment. The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted.
Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović
Verdict, 18 Jun 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. The Court convicted them for war crimes against civilians. As some of the victims were injured, and all of them had surrendered, when the brother started their onslaught, they had attained the status of civilian under international humanitarian law. The Court heavily relied on witness statements to establish that the brothers had intentionally targeted Bosniaks, in the context of the armed conflict, and that they had intentionally inflicted severe pain on them. Zoran Damjanović was sentenced to 10 years and 6 months of imprisonment. Goran Damjanović was sentenced to 12 years of imprisonment, as he was also convicted for illegal manufacturing and trade of weapons or explosive materials.
Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović
Verdict, 19 Nov 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina
During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. In first-instance, the Court convicted them of war crimes against civilians but the brothers appealed against this verdict. The defence had branded several witness testimonies to be inconsistent and contradictory, but the Court’s Appeal Panel held in second instance that the testimonies were consistent on the most important aspects. Discrepancies were explainable, according to the Appeal Panel, and to this extend the appeal was rejected. However, Goran Damjanović had also been convicted for illegal manufacturing and trade of weapons or explosive substances, and the Appeal Panel considered it unproven that the weapons found in his family’s home belonged to him. To that extend, the verdict was revoked and a re-trial ordered.
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