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Alić: Prosecutor's Office of Bosnia and Herzegovina v. Šefik Alić
Second Instance Verdict, 20 Jan 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Šefik Alić was born on 3 March 1968 in Dobro Selo in the municipality of Buzim, Bosnia and Herzegovina. Alić was Assistant Commander for Security of the Hamza Battalion of the army of Bosnia and Herzegovina. On 5 August 1995, during the Oluja military operation, soldiers of both the Hamza Battalion and Tewfik Al Harbi captured four soldiers of the army of the Republic of Srpska Krajina. Even though the Hamza Battalion had to protect them, the four soldiers were physically and mentally abused, and Alić participated in the abuses. The four soldiers were subsequently killed by members of Tewfik Al Harbi. As Assistant Commander, Alić had a duty to punish soldiers that committed crimes under his command, but he failed to do so. On 20 January 2011, the Appellate Panel of the Court of Bosnia and Herzegovina found Alić guilty of war crimes against prisoners of war and sentenced him to 10 years imprisonment.
Bin Laden et al.: United States of America v Usama Bin Laden et al.
Indictment, 4 Nov 1998, United States District Court, S.D. New York, United States
The 1998 United States Embassy bombings were a series of attacks that occurred on 7 August 1998, in which hundreds of people were killed in simultaneous truck bomb explosions at the embassies of the United States in the East African cities of Dar es Salaam and Nairobi. The date of the bombings marked the eighth anniversary of the arrival of American forces in Saudi Arabia.
Members of the al-Qaeda (terrorist group) were charged for planning and committing the bombing of the Embassies of the US in Nairobi, Kenya and Dar es Salaam, Tanzania. Usama bin Laden is the head of Al-Qaeda and as such was amongst the people charged. The charges included also conspiracy to murder of US nationals anywhere in the world, US military personnel in Somalia and the Saudi Arabia Peninsula, US nationals serving in the Embassies in Kenya and Tanzania, and the concealment of any such plans of Al-Qaeda.
M.P. et al.: Public Prosecutor v. M.P. et al.
Verdict, 24 Apr 1997, District Court in Zadar, Croatia (Hrvatska)
The Zadar County Court of Croatia, in its verdict of 24 April 1997, convicted in absentia 19 officers of the so-called Yugoslav People’s Army (JNA) for the siege of the city of Zadar, which caused the death of at least 30 civilians and the destruction of significant parts of the city – including facilities and objects of large economic and cultural significance – without any military necessity to do so. The officers were found guilty of war crimes against civilians and crimes against humanity, and sentenced to prison sentences that ranged – depending on their military rank and degree of control over the campaign and, specifically, the targeting of unlawful targets – from ten to 20 years. However, as they had left Croatia before the initial indictment, the convicted persons have not yet been caught.
Tadić: The Prosecutor v. Duško Tadić a/k/a “Dule”
Opinion and Judgment in First Instance, 7 May 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 held that the elements required for the establishment of grave breaches of the Geneva Conventions have not been met. Particularly, the Muslim victims were not in the hands of the party to the conflict of which they were not nationals, since the armed forces of the Republika Srpska were not an organ or agent of the Federal Republic of Yugoslavia. Therefore, the victims could not be seen as “protected persons” within the meaning of the Geneva Conventions; as such, Trial Chamber II acquitted Tadić of all charges of grave breaches of the Geneva Conventions.
Trial Chamber II found Tadić guilty of crimes against humanity (persecutions and inhumane acts) and of violations of the laws or customs of war (cruel treatment).
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.
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