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Saric: The Prosecutor v. Refik Saric

Judgment, 25 Nov 1994, 3rd Chamber of the Eastern Division of the Danish High Court, Denmark

Refik Saric came to Denmark in 1994 as a Croat refugee. Other refugees at a Red Cross refugee center recognized him as a guard at the Dretelj camp in Bosnia-Herzegovina. Police investigations revealed that Saric had been a Muslim prisoner at the camp, where he was eventually promoted to guard duty. The original indictment included 25 counts of "causing grievous bodily harm of a grave nature". These acts included, amongst other acts, kicking and punching several persons, dealing a number of blows to persons’ backs with sticks, rifles, chains and metal pipes as well as blows to the head, which in some cases resulted in death of persons. The indictment was based on both the Danish Penal Code and the Geneva Conventions. Since the Accused’s mental condition was in question, the Court determined that he needed to be placed in a mental hospital until his sentence could be served. The Accused was found guilty on 14 counts and not guilty on 6 counts. The jury also granted the request for a more severe sentence because of aggravated circumstances. The Accused was sentenced to eight years in prison and permanently barred from entering Denmark after his sentence.


Tadić: The Prosecutor v. Duško Tadić

Judgment in Sentencing Appeal, 26 Jan 2000, 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 found him guilty of additional crimes, and remitted the issue on sentencing to a Trial Chamber. Trial Chamber IIbis sentenced Tadić to 25 years of imprisonment. Tadić appealed against both the sentencing judgment of Trial Chamber II as well as that of Trial Chamber IIbis.

The Appeals Chamber found that Trial Chamber II erred when it ordered that the term of the sentence start after a final determination of an appeal as well as when it did not give credit for the time Tadić spent in custody in Germany.

The Appeals Chamber also upheld Tadić’s argument that crimes against humanity do not attract higher sentence than war crimes. The Appeals Chamber revised the sentence imposed by Trial Chamber IIbis to 20 years of imprisonment.


Blaškić: The Prosecutor v. Tihomir Blaškić

Judgment, 3 Mar 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. During this time, the Croatian forces attacked several municipalities in the area of Lašva Valley (Bosnia and Herzegovina). As a result of the attack, hundreds of Bosnian Muslim civilians were killed, arrested, detained, mistreated or forced to leave their homes.

Trial Chamber I found that Tihomir Blaškić ordered a significant number of attacks and did not take measures to prevent or punish the crimes that were committed by his subordinates. Therefore, Trial Chamber I found him responsible for the crimes against humanity and war crimes occurred during those attacks. 

Furthermore, Blaškić was found guilty of inhuman and cruel treatment (as crimes against humanity) for the violence at the detention centres, for the forcing of detainees to dig trenches, for the taking of hostages, and for the use of human shields. 

Blaškić was sentenced to 45 years of imprisonment.


Pejić: Office of the War Crimes Prosecutor v. Milorad Pejić

Indictment, 8 Apr 2008, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Milorad Pejić was born on 4 April 1969 in the village of Vukovar located in eastern Croatia. Pejić, who lived in the United Kingdom since 1999, was arrested in March 2008 at the airport in Belgrade when he wanted to bring a visit to his mother. He was charged with being involved in a horrific massacre that took place in November 1991. At that time, ethnic Croat prisoners were taken from the Vukovar hospital and subsequently brought to a pig farm in Ovčara, outside Vukovar. The prisoners were beaten, tortured and subsequently killed. Their bodies were buried in mass graves.


Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Order re: Prudential exhaustion, 31 Jul 2009, United States District Court Central District of California, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population.

In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’. However, regarding other claims (of environmental harm, of cruel, inhuman and degrading punishment and of consistent pattern of gross violations of human rights) the Court held that it could be assessed whether the plaintiffs should first exhaust legal remedies in Papua New Guinea. Therefore, it gave the plaintiffs one month to decide whether they wished to pursue these claims.  


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