Search results

During the armed conflict in the Former Yugoslavia, Krešo Lučić was a commander of the Croatian Defence Council (HVO) Military Police in Kreševo, and participated in the imprisonment and torture of Bosniak civilians in 1993. The HVO led widespread and systematic attacks on the Bosniak civilian population. Lučić allegedly ordered the imprisonment of these civilians in the premises of the Ivo Lola Ribar Elementary School and in the Šunje warehouse in Kreševo and also physically abused and tortured Bosniaks who were imprisoned. 

He was charged with illegal detention, torture and inhumane acts as crimes against humanity. For a crime to be considered a crime against humanity, it is necessary that it is proven these crimes were part of widespread and systematic attacks against the civilian population. The Court considered this proven since this had already been decided in other cases before the ICTY. The Court found him guilty on three counts and acquitted him from abusing one person.  He was sentenced to six years’ imprisonment.

The Accused were members of the Civil Defense Forces of Sierra Leone, fighting the RUF (Revolutionary United Front) and AFRC (Armed Forces Revolutionary Council) rebels in an effort to restore the democratically elected President Kabbah who had been ousted following a coup. Their activities, however, did not always target enemy forces; large numbers of civilians, including young children and women were made the object of brutal attacks, often by machetes.

Fofana and Kondewa were convicted by Trial Chamber I for 4 counts of war crimes of murder, cruel treatment, pillage and collective punishment. Kondewa was additionally convicted for recruitment of child soldiers. The Trial Chamber, in determining sentencing, took into account the gravity of the offences and the role of the Accused. In particular, the Trial Chamber considered it a mitigating circumstance that the Accused had engaged in the conflict out of a sense of duty in order to protect civilians, and had pursued a legitimate and justifiable purpose of returning former President Kabbah to power. Consequently, Fofana was sentenced to 6 years in prison and Kondewa to 8 years.

The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.

He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.

During the conflict in the Former Yugoslavia, Zrinko Pinčić was a member of the Croat Defense Council (HVO). Between November 1992 and March 1993, he came to a house in the village of Donje Selo, Konjic Municipality, were Serb civilians were detained. During this time, Pinčić repeatedly took one woman from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring another 15 soldiers to rape her and other detainees, if she refused him.

The Court found Zrinko Pinčić guilty of the criminal offence of War Crimes against Civilians and sentenced him to 9 years imprisonment. The Court first determined that the Criminal Code of Bosnia and Herzegovina was applicable to the case, and not the Criminal Code of Yugoslavia (SFRY) that was in place at the time. Next, the Court determined that Pinčić had committed a war crime against a civilian. This was the case, as the criminal acts of Pinčić were committed in violation of international law as the victim was a civilian and was raped; they were committed in time of armed conflict; the act was connected with the armed conflict as Pinčić was a soldier and lastly because Pinčić committed the offence with premeditated intent and wanted to commit it. In determining the sentence, the Court primarily considered the gravity of the criminal offence and the degree of his criminal liability. The Court considered as extenuating circumstances that Pinčić is father of two children, his fair conduct before the Court, his old age and the fact that he was an 80 per cent disabled veteran.

During the Rwandan genocide, François Karera was prefect of Kigali-Rural and member of the MRND.

On 7 December 2007, Trial Chamber I of the Tribunal found Karera guilty of genocide and extermination and murder as crimes against humanity, for his participation in the killing of Tutsis in Nyamirambo sector, at Ntarama Church, and in Rushashi commune. He was sentenced to life imprisonment. 

Karera appealed his convictions and the sentence imposed on him. On 2 February 2009, the Appeals Chamber granted Karera’s appeal in part. It reversed his conviction for aiding and abetting genocide and extermination as a crime against humanity, based on the killing of Murekezi, and for instigating murder as a crime against humanity, based on the murder of Gakuru. The Chamber dismissed all the other grounds of appeal and affirmed the sentence of life imprisonment.