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Delić: Prosecutor v. Rasim Delić (TC)

Judgment (public), 15 Sep 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

In 1992, the so-called Mujahedin forces joined the military struggle of the Army of Bosnia and Herzegovina against the Serbian forces. During three incidents between 1993 and 1995, the Mujahedin forces maltreated and killed both civilians and soldiers of the adversaries. 

Trial Chamber I found that these acts amounted to war crimes in the meaning of Article 3 of the ICTY Statute. 

When considering whether Rasim Delić could be held responsible for failing to prevent and punish these crimes, the Chamber found that he was guilty only with respect to the cruel treatment of captured Serb soldiers during the Livade incident. It found Delić not guilty with respect to the incident of Bikoši due to the lack of superior-subordinate relationship between those who committed the crimes and Delic. Responsibility for the last incident – in Kesten – was also rejected due to Delić's lack of reason to know that the crimes were about to be committed. 

Delić received a sentence of three years of imprisonment.


Janković (Zoran): Prosecutor's Office of Bosnia and Herzegovina v. Zoran Janković

Verdict, 23 Oct 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

In the second instance verdict in the Zoran Janković case, the Appellate Division found the appeal to be unfounded and upheld the first instance verdict, acquitting the accused of the charges entered against him. This decision was based on the lack of valid evidence that the accused participated in the incident or that he held any position which would have enabled him to issue orders with respect to the incident.


Silaen: Ad Hoc Prosecutors v. Timbul Silaen

Judgement , 15 Aug 2002, Ad Hoc Human Rights Tribunal at Central Jakarta District Court, Indonesia

Timbul Silaen worked as police chief in East Timor in 1999. As such, he was responsible for the security during the independence referendum held in the country on 30 August 1999. Before and after the referendum deadly incidents took place between people in favour of East Timor’s secession from the Republic of Indonesia and the pro-Indonesian supporters. Approximately 1000 people died, 80% of the territory was destroyed, and 250,000 people were forcibly evacuated to Indonesia.

Silaen was prosecuted because as a commander he allegedly failed to stop his subordinates from committing crimes and also failed to bring them to court in order to be prosecuted. In 2002, the Indonesian Ad Hoc Tribunal for East Timor did not found Silaen guilty as a commander because it could not be proven beyond a reasonable doubt that his subordinates had committed the crimes.


Đukić (Novak): Novak Đukić

Verdict, 6 Apr 2010, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

The Appellate Panel dismissed the appeal and the requests submitted by both the prosecutor and the defence, and upheld the first instance verdict of 12 June 2009. It found that the verdict was consistent with the relevant provisions of procedural law and that the long-term imprisonment of 25 years was properly imposed. The incident, also referred to as the Tuzla massacre, took place on 25 May 1995, on the day of General Tito’s birthday and the Relay of Youth in the former Yugoslavia.

Duško Tomić, Novak Đukić’s lawyer, stated that his client is a victim, used for the purpose of concealing the truth about those who are truly responsible for the incident. In a very controversial statement in 2009, Milorad Dodik, the prime minister of Republika Srpska, stated that the Tuzla attack had been staged. As a result, criminal charges were filed against him for abuse of power and inciting ethnic, racial and religious hatred.


Zardad: Regina v Faryadi Sarwar Zardad

Judgment, 7 Feb 2007, Court of Appeal, Criminal Division, Great Britain (UK)

After the withdrawal of Soviet troops from Afghanistan in 1989, the country was controlled by warlords. Faryadi Sarwar Zardad joined the political and paramilitary organisation Hezb-e Islami, founded in 1977 by warlord Gulbuddin Hekmatyar. In 1992, Zardad was in control of a checkpoint located in the town Sarobi located on the most important route between Kabul and Pakistan. He also exercised command over more than 1000 men who were said to have terrorised, tortured, imprisoned, blackmailed and killed civilians passing by the route. Zardad was found guilty of torture and hostage taking in Afghanistan and was sentenced to 20 years of imprisonment.


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