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Vuković: Prosecutor's Office of Bosnia and Herzegovina v. Radmilo Vuković aka Rade

Verdict, 13 Aug 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Radmilo Vuković was born on 28 July 1952 in the village of Rataje located in the municipality of Foča, southeastern Bosnia and Herzegovina. In his capacity as member of the military forces of the so-called Serb Republic of Bosnia and Herzegovina, also known as “Republika Srpska”, Vuković allegedly had sexual intercourse with a woman from the Foča municipality without her consent. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina did not find Vuković guilty, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vuković raped the woman.


Todorović (Mirko) & Radić: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Todorović and Miloš Radić

Appeal Judgment, 23 Jan 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Mirko Todorović was born on 15 May 1954 in the village of Bratunac in eastern Bosnia and Herzegovina. Miloš Radić was born on 5 June 1959 in the village of Srebrenica in eastern Bosnia and Herzegovina. Todorović and Radić were found guilty of participating in an attack conducted in Bratunac on 20 May 1992, which was directed against Bosnian Muslim (Bosniak) civilians. On that day, Todorović and four other members of the Serbian army arrested 14 Bosniak civilians and brought them to a house where one of the civilians was killed. Todorović, together with Radić, did not allow the other civilians to leave the house. The civilians were beaten, cursed, and their money and valuable items were taken away. Subsequently, the civilians were brought to a slope on a nearby creek, lined up and killed.


Sesay et al.: The Prosecutor v. Issa Hassan Sesay, Morris Kallon and Augustine Gbao

Judgement, 25 Feb 2009, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone

The armed conflict in Sierra Leone, from 1991 until 2002, opposed members of the Revolutionary United Front and Armed Forces Revolutionary Council to Civil Defense Forces, loyal to the ousted President Kabbah. The hostilities were characterised by brutality as civilians and peacekeepers were targeted. In particular, young women were forced to become ‘bush wives’ for rebels, and children were recruited not only to fight in the hostilities, but also as bodyguards, cooks, cleaners, and spies.

Trial Chamber I of the Special Court for Sierra Leone convicted Sesay, Kallon and Gbao, as high-ranking members of the RUF, for multiple counts of war crimes and crimes against humanity. In particular, this decision was the first time that an international criminal tribunal entered convictions for forced marriage as a crime against humanity separate from sexual slavery. The Chamber also defined active participation in hostilities broadly so that the crime of using children to actively participate in the hostilities would extend to more children in different roles, for which their perpetrators could be punished. 


Bikindi: Simon Bikindi v. The Prosecutor

Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

During the Rwandan genocide, Simon Bikindi was a singer, composer and leader of a ballet troupe called the “Irindiro”.

On 2 December 2008, Trial Chamber III of the ICTR had found Bikindi guilty of direct and public incitement to commit genocide based on public exhortations to kill Tutsis, which he made on the Kivumu-Kayove road in Gisenyi prefecture in late June 1994. The Trial Chamber had sentenced him to 15 years of imprisonment.

Bikindi appealed his convictions, and the sentence was challenged by both the Accused and the Prosecution. The Appeals Chamber dismissed the appeals of both Bikindi and the Prosecution in their entirety and affirmed the sentence of 15 years of imprisonment.   


Trbic: Prosecutor’s Office of Bosnia and Herzegovina v. Milorad Trbic

Second Instance Verdict, 21 Oct 2010, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

On 16 October 2009 Milorad Trbic was found guilty of genocide by way of joint criminal enterprise in relation to the events at Srebrenica by the Court of Bosnia Herzegovina. For criminal responsibility to arise via participation in a JCE there had to be a consistent and core group of actors with a common plan or purpose to commit a crime, with the accused to both intend and participate in the commission of that crime. The Court held that this was the case with Milorad Trbic. He was sentenced to 30 years in prison.

Trbic was acquitted of come charges, due to insufficient evidence. 

The Defence, Prosecution and victims appealed the Trial Verdict. The Prosecutor appealed on the grounds that the facts were not established correct and complete, and wanted the Appellate Panel to revoke the Verdict in its acquitting part, as well as to order a retrial. As for the sentence, the Prosecutor wanted the Trial Verdict to be reversed and for Trbic to be sentenced to the maximum sentence of 45 years imprisonment. The Defence appealed the Trial Verdict on the grounds that essential provisions of criminal procedure and the Criminal Code had been violated and that the facts were wrongly established and wanted the Panel to change the sentence and to review the facts and evidence again, eliminating the criminal procedure violations and acquit Trbic of the charges. A number of victims also appealed the verdict, specifically against the part of the Verdict on the costs and property claims.

On 17 January 2011, the Appellate Panel gave the Appellate Verdict, judging all appeals unfounded, and upholding the Trial Verdict of 16 October 2009 in its entirety.


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