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Gavrić : Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić
Indictment , 4 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.
On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.
Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 19 May 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
On 12 August 2001 the village of Ljuboten, located in the Former Yugoslav Republic of Macedonia (FYROM), was attacked. The police killed ethnic Albanians and set fire to homes in the village. Ljube Boškoski was the Minister of the Interior of the FYROM while Johan Tarčulovski was a police officer. For their role and participation in these events, they were brought before Trial Chamber II of the ICTY. While Trial Chamber II acquitted Boškoski of the charges, it did find Tarčulovski guilty of war crimes.
Tarčulovski presented seven grounds of appeal to the Appeals Chamber, arguing that Trial Chamber II made incorrect interpretations of the law with regard to the elements of war crimes, his individual criminal responsibility and in considering evidence.
The Prosecution appealed the acquittal of Boškoski on the ground that he should have been held responsible for his failure to punish his subordinates for committing the crimes at Ljuboten.
However, the Appeals Chamber disagreed with both the Accused and the Prosecution; Tarčulovski's sentencing was upheld, and so was Boškoski's acquital.
Mbarushimana: The Prosecutor v. Callixte Mbarushimana
Decision on the confirmation of charges, 16 Dec 2011, International Criminal Court (PTC I), The Netherlands
Following the 1994 genocide in Rwanda and the success of the Rwandan Patriotic Front in gaining control of the country, members of the former Rwandan Armed Forces (FAR) and the Interahamwe militia who were widely considered to be responsible for the genocide, fled to the Kivu provinces in the Democratic Republic of the Congo. These exiled forces organised themselves into political and military groups designed to oppose the new Rwandan government.
One of these groups was the Forces Démocratiques pour la Liberation du Rwanda (FDLR) led by Ignace Murwanashyaka. The FDLR, composed of a military and a political wing, was coordinated by its Steering Committee of which the Suspect, Callixte Mbarushimana, was a member. The Office of the Prosecutor at the International Criminal Court (ICC) alleges that Mbarushimana was responsible for the FDLR’s perpetration of attacks against the civilian populations in the Kivu provinces throughout 2009. The objective of these attacks, which included murder, rape, torture, mutilation and pillage, was to create a humanitarian catastrophe that would place pressure on the international community and draw attention to the FDLR’s political demands.
Pre-Trial Chamber I of the ICC declined to confirm the charges of war crimes and crimes against humanity against Mbarushimana thereby refusing to allow the case to continue to trial on the grounds that the Prosecution had not proved a number of key elements including the existence of a policy to attack the civilian population, and the existence of a group of persons acting with the common purpose of perpetrating crimes. Mbarushimana was subsequently released from the custody of the ICC and returned to France where he had been living since fleeing Rwanda.
Mbarushimana: The Prosecutor v. Callixte Mbarushimana
Judgment on the appeal of the Prosecutor against the decision of Pre-Trial Chamber I of 16 December 2011 entitled “Decision on the confirmation of charges”, 30 May 2012, International Criminal Court (Appeals Chamber), The Netherlands
Following the 1994 genocide in Rwanda and the success of the Rwandan Patriotic Front in gaining control of the country, members of the former Rwandan Armed Forces (FAR) and the Interahamwe militia who were widely considered to be responsible for the genocide, fled to the Kivu provinces in the Democratic Republic of the Congo. These exiled forces organised themselves into political and military groups designed to oppose the new Rwandan government.
One of these groups was the Forces Démocratiques pour la Liberation du Rwanda (FDLR) led by Ignace Murwanashyaka. The FDLR, composed of a military and a political wing, was coordinated by its Steering Committee of which the Suspect, Callixte Mbarushimana, was a member. The Office of the Prosecutor at the International Criminal Court (ICC) alleges that Mbarushimana was responsible for the FDLR’s perpetration of attacks against the civilian populations in the Kivu provinces throughout 2009. The objective of these attacks, which included murder, rape, torture, mutilation and pillage, was to create a humanitarian catastrophe that would place pressure on the international community and draw attention to the FDLR’s political demands.
By a decision of 16 December 2011, Pre-Trial Chamber I of the ICC declined to confirm the charges of war crimes and crimes against humanity against Mbarushimana thereby refusing to allow the case to continue to trial on the grounds that the Prosecution had not proved a number of key elements including the existence of a policy to attack the civilian population, and the existence of a group of persons acting with the common purpose of perpetrating crimes. Mbarushimana was subsequently released from the custody of the ICC and returned to France where he had been living since fleeing Rwanda. This decision was upheld on appeal by the Appeals Chamber of the ICC in its judgment of 30 May 2012.
Furundžija: The Prosecutor v. Anto Furundžija
Judgment, 10 Dec 1998, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” in Nadioci (Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering.
Trial Chamber II was satisfied that the elements of the war crime of torture have been fulfilled and it found Furundžija guilty of this crime as a co-perpetrator. Furthermore, Furundžija was also found guilty of aiding and abetting the war crime of outrages upon personal dignity, including rape. Although Furundžija did not personally commit the crime, his presence and actions aided and abetted the commission of rape.
Furundžija was sentenced to 10 years of imprisonment.
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