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Azad: Chief Prosecutor v. Moulana Abul Kalam Azad
Judgment, 21 Jan 2013, International Crimes Tribunal (ICT-2), Bangladesh
The Bangladesh Liberation War of 1971 opposed East Pakistan and India to West Pakistan and resulted in the secession of East Pakistan, which became the independent nation of Bangladesh. The conflict commenced as a result of a military operation launched by the State of Pakistan (then West Pakistan) against Bengali civilians, students and armed personnel who were demanding the military regime of the State of Pakistan to either honour the results of the 1970 democratic elections, which had been won by an East Pakistan party, or allow the secession of East Pakistan from West Pakistan. In response, Bengali military, paramilitary and civilians formed the Mukti Bahini and engaged in guerrilla warfare against the West Pakistan Army with the financial, logistical and diplomatic support of India. The International Crimes Tribunal (ICT) was set up in Bangladesh to prosecute those in Bangladesh responsible for committing atrocities in the course of the armed conflict.
The present judgment was rendered by the ICT against Moulana Abul Kalam Azad alias Bachchu Razakar, a member of the Islamist political party Jamaat-e-Islami opposed to an independent Bangladesh. He provided aid to the Pakistani Army and subsequently became the leader of the Al-Badr force, a paramilitary wing of the West Pakistan Army, which operated in East Pakistan against the Bengali nationalist movement. On 21 January 2013, in its first ever judgment, the ICT convicted Azad and sentenced him to death for his crimes. The sentence cannot, however, be carried out until Azad has been located. His trial was held in absentia as he is believed to have fled Bangladesh.
Case 002/02
Case 002/02 Judgement, 16 Nov 2018, Trial Chamber, Extraordinary Chambers in the Courts of Cambodia, Cambodia
From April 1975 to January 1979 the Khmer Rouge committed numerous crimes to create their socialist state. Case 002/02 was limited to prosecuting the crimes that occurred at security centers and worksites, including the executions of enemies and elites, forced marriages, and other inhumane treatment. In addition, the case included the genocide of the Vietnamese, who were fighting the Khmer Rouge forces, and the Cham peoples, who were persecuted for their religious and ethnic identity.
On 16 November 2018 the Trial Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity (including rape, forced marriage, and murder), grave breaches of the Geneva Conventions and genocide of the Vietnamese. The Chamber also convicted Nuon Chea of the genocide of the Cham peoples.
The accused were found guilty based on their leadership roles within the Communist Party of Kampuchea; Khieu Samphan had various roles, including President of the State Presidium, and Nuon Chea was the Deputy Secretary of the party. The Trial Chamber ruled that the accused failed to prevent and punish the crimes that occurred, even though they knew or had reason to know the crimes were being carried out.
Both accused were sentenced to life imprisonment.
Oie Hee Koi et al.: Public Prosecutor v. Oie Hee Koi and connected appeals
Judgment, 4 Dec 1967, Judicial Committee of the Privy Council, Great Britain (UK)
During the fighting between Indonesia and Malaysia, twelve Malaysian Chinese members of the Indonesian Air Force who were heavily armed, infiltrated into Malaysia (ten by parachute and two by boat). They were arrested, convicted pursuant to Malaysian law and sentenced to death. The Federal Court of Malaysia held that two members were protected pursuant to international law, in particular the Geneva Prisoners of War Convention of 1949. On appeal, the Judicial Committee of the Privy Council decided that they were not protected under the 1949 Geneva Convention because they were nationals of Malaysia (the state that detained them). Therefore, they could be prosecuted under national law for offences against that law.
The Prosecutors and the Peoples of the Asia-Pacific Region v. Hirohito et al.: The Prosecutors and the Peoples of the Asia-Pacific Region v. Hirohito Emperor Showa et al.
Judgement on the Common Indictment and the Application for Restitution and Reparation, 4 Dec 2001, The Women's International War Crimes Tribunal For the Trial of Japan's Military Sexual Slavery, Japan
During WWII, numerous grave crimes had been committed by several parties. One of the less known crimes relates to the Japanese army’s “comfort system”, an allegedly state-sanctioned system of mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories. Although the Japanese government has for a long time refused to acknowledge its responsibility – arguing that the “comfort women” were voluntary prostitutes – many surviving victims and supportive Non-Governmental Organisations (NGOs) sought relief. The current judgment is a result of their efforts: the Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, in a 300+-page judgment, concluded that the “comfort system” was indeed a crime against humanity and found all ten accused, then-Emperor Hirohito and nine high-ranking military commanders and Ministers (all deceased at the time the judgment was issued), by way of their superior positions and power to end the widespread rapes, as well because of their involvement in the establishment of the system, guilty.
It should be noted that the Tribunal is not an international tribunal in the common sense, like the International Criminal Tribunals for Rwanda and the former Yugoslavia which were created on authority of the United Nations Security Council, or like the International Criminal Court which was established by a treaty between sovereign states. Instead, the Tribunal’s authority is based on a higher moral ground, being premised on the understanding that ‘“law is an instrument of civil society” that does not belong exclusively to governments whether acting alone or in conjunction with the states. Accordingly, where states fail to exercise their obligations to ensure justice, civil society can and should step in’ (para. 65).
Gonsalves et al.: The General Prosecutor of the Democratic Republic of East Timor v. Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires
Indictment, 11 Jun 2002, District Court of Dili, Special Panel for Serious Crimes, East Timor
On 12 June 2002, the Special Panel for Serious Crimes of the Dili District Court, East Timor, issued an indictment against Paulo Gonsalves, Marcelino Leto Bili Purificasao and Rosalino Pires, respectively the commander, deputy commander, and a member of the Halilintar Merah Putih militia group based in the subdistrict of Atabae in East Timor. According to the allegations, several victims alleged to be supporters of East Timor’s independence from Indonesia were detained, beaten, and raped by the three members of Halilintar Merah Putih in the period between February and September 1999. In that period, numerous pro-Indonesian militia groups operated throughout East Timor attacking pro-independence supporters with the goal to gain autonomy within Indonesia.
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