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Tadić: The Prosecutor v. Duško Tadić
Judgment in Appeal, 15 Jul 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment.
The Appeals Chamber denied Duško Tadić’s appeal on all grounds. It did allow, however, the Prosecution’s appeal, reversing the judgment of Trial Chamber II and entering convictions for war crimes and crimes against humanity.
The Appeals Chamber also held that an act carried out for the purely personal motives of the perpetrator can constitute a crime against humanity. Furthermore, Trial Chamber II erred in finding that all crimes against humanity require discriminatory intent.
The issue of sentencing was referred to a Trial Chamber.
Habré: Office of the Public Prosecutor v. Hissène Habré
Ordinance of Non-Competence, 23 Nov 2000, First Investigative Chamber, Court of First Instance of N’Djaména, Chad
Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Habré as well as members of the DDS, and its specialised branch the Special Rapid Action Brigade (Brigade Spéciale d'Intervention Rapide (BSIR)) were named in complaints filed by victims of the regime before the Court of First Instance in N’Djaména.
The Court held, however, that in light of an ordinance establishing a special criminal court of justice to try Habré and the other officials of the regime, it had no jurisdiction to proceed with the case or admit the complaints of the parties. This decision is the first in a long line of case-law spanning proceedings in Chad, Senegal, Belgium and The Netherlands attempting to bring Habré to justice.
Kuswani: The Ad Hoc Prosecutor v. Asep Kuswani
Judgment, 28 Nov 2002, The Indonesian Ad Hoc Tribunal for East Timor, Indonesia
The Ad Hoc Tribunal acquitted the three defendants of the charges entered against them and found that the prosecution had not been able to establish a link between the TNI (Indonesian National Armed Forces) and Polri (Resort Police of the Police of Republic of Indonesia), on the one hand, and the BMP, on the other. The former were official governmental bodies, whereas the latter were militia. The judgment was publicly criticized as it was argued that the TNI and the riot police were indeed involved in the violence, including the killing of the 22 civilians.
Russia v. Zakaev: The Government of the Russian Federation v. Akhmed Zakaev
Judgment, 23 Nov 2003, Bow Street Magistrates' Court, Great Britain (UK)
Akhmed Zakaev was an envoy of the Chechen President Aslan Maskhadov. Zakaev was arrested in the UK in 2002 and his extradition was requested by the Russian Federation. The Russian Federation alleged that during the First Chechen War (1994-1996), Zakaev committed murder, wounding, false imprisonment (imprisonment not made in accordance with the law), and conspiring. On 13 November 2003, the Bow Street Magistrates' Court declined to extradite Zakaev because the Court feared he would be subjected to torture and would not receive a fair trial if he would be brought back to the Russian Federation.
Lekaj: Office of the War Crimes Prosecutor v. Anton Lekaj (aka "Pinđo" aka "Balt")
Indictment, 7 Jul 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Anton Lekaj, born in 1980, was a member of the ‘Cipat’ group within the military police forces of the Kosovo Liberation Army (KLA). In 1999, there was an ongoing conflict between the Federal Republic of Yugoslavia, Serbia and Kosovo.
Between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed.
Lekaj was arrested in August 2004 and charged with war crimes against civilians. He was subsequently tried in Serbia. On 18 September 2006, he was found guilty for his participation in the crimes and was sentenced to 13 years imprisonment.
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