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Tadić: The Prosecutor v. Duško Tadić a/k/a “Dule”

Sentencing Judgment in First Instance, 14 Jul 1997, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, 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.

In order to determine the appropriate sentence, Trial Chamber II balanced several sentencing factors. Trial Chamber II, when assessing the aggravating factors, took into consideration the gravity of the offences and Tadić’s awareness of, and support for the attacks against the non-Serb civilians. However, Trial Chamber II considered that Tadić had an unimportant leadership and organisational role in the commission of the crimes.

Trial Chamber II also affirmed its previous findings that crimes against humanity are more serious offences than war crimes and as such, attract higher sentences. The reason for this lies in the widespread or systematic scale and the quantity of the crimes, having a qualitative impact on the nature of the offence which is seen as a crime against humanity as a whole.

Tadić was sentenced to 20 years’ imprisonment.


Kruger v. The Commonwealth of Australia: Alec Kruger and others v. The Commonwealth of Australia

Order, 31 Jul 1997, High Court of Australia, Australia

Eight inhabitants of the Northern Territory (Australia) who had been taken from their families between 1925 and 1944 under the Aboriginals Ordinance of 1918 (which allowed the forced removal of children of mixed Aboriginal descent), and a mother, Rose Napangardi McClary, whose child had been taken from her under the same law, sought a declaration that the Ordinance was unconstitutional. They instituted legal proceedings in 1995. In July 1997, the High Court rejected all their arguments and held that the Ordinance was not unconstitutional.


Barros & Mendonca: Deputy General Prosecutor for Serious Crimes v. Sisto Barros and Cesar Mendonca

Final Judgment, 12 May 2005, Special Panels for Serious Crimes (District Court of Dili), East Timor

Indonesia’s invasion of Timor-Leste in 1975 marked the beginning of almost 25 years of immense atrocities and human rights abuses, resulting in the deaths of nearly one-third of the population of Timor-Leste from starvation, disease, and the use of napalm. Indonesia eventually withdrew in 1999 following international pressure; Timor-Leste achieved full independence in 2002. The Special Panels for Serious Crimes was established to prosecute persons responsible for the serious crimes committed in 1999, including genocide, war crimes, crimes against humanity, sexual offenses and torture.

The Accused, Barros and Mendonca, were members of the Laksaur militia, an armed group aimed at suppressing Timorese supporters of independence. The Panel convicted the Accused for two counts of murder, attempted murder and persecution carried out as part of a widespread and systematic attack against the population of East Timor, who had voted in favour of Timorese independence from Indonesia. Although neither of the Accused had carried out the acts themselves, they were liable as members of a joint criminal enterprise whose purpose was to suppress pro-independence supporters. 


Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven

Judgment, 7 Jun 2006, District Court of The Hague, The Netherlands

During the Second Liberian Civil War (1999-2003), Dutch businessman Guus Kouwenhoven owned the Royal Timber Corporation and had an important position in the Oriental Timber Cooperation. Corporations like Kouwenhoven’s were an important source of income for the regime of Charles Taylor, and a close financial relationship developed between Taylor and Kouwenhoven.

On 7 June 2006, the Dutch Public Prosecutor charged Kouwenhoven with war crimes and with violation of the national regulation which implemented international prohibitions of supplying weapons to Liberia. The District Court acquitted Kouwenhoven of war crimes in first instance, stating that the link between him and those who actually committed the crimes was insufficiently substantiated. However, Kouwenhoven was convicted for his involvement in illegally supplying Taylor with weapons. According to the Court there was sufficient evidence that ships, owned by the OTC, within which Kouwenhoven held a prominent position, shipped weapons into the port of Buchanan, which was managed by OTC. These acts, the Court reasoned, did not only violate Dutch laws but also the international legal order. Given the serious consequences of supplying the Taylor regime with weapons, Kouwenhoven was sentenced to eight years of imprisonment: the maximum sentence. 


Belhas et al. v. Ya'alon: Ali Saadallah Belhas et al. v. Moshe Ya'alon

Appeal from the United States District Court for the District of Columbia, 15 Feb 2008, United States Court of Appeals for the District of Columbia Circuit, United States

On 4 November 2005, a complaint was filed before the U.S. District Court for the District of Columbia on behalf of people injured or killed during the bombing of the UN compound (an area protected by the UN) in Qana on 18 April 1996 that killed more than 100 civilians and wounding hundreds. The plaintiffs claimed that General Moshe Ya’alon, the head of the IDF Army Intelligence who launched the bombing, should be held responsible for the decision to bomb the UN compound.

On 14 December 2006, the District Court dismissed the case, finding that Ya'alon could not be sued because the Court lacked jurisdiction to prosecute Ya’alon (as he enjoyed immunity under the Foreign Sovereign Immunities Act) and denied the need for jurisdictional discovery.

On 15 February 2008, the U.S. Court of Appeals for the District of Columbia Circuit upheld the decision of the District Court.


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