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Babić: The Prosecutor v. Milan Babić

Sentencing Judgment, 29 Jun 2004, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

The case against Milan Babić centered around the crimes that were committed by Serb forces in the Autonomous Region of Krajina (SAO Krajina) in Croatia, later known as the Republic of Serbian Krajina (RSK). Between August 1991 and February 1992, Serb forces attacked towns and villages in the Krajina region. After taking over control of the area, a campaign of crimes was commenced during which Croats and other non-Serbs were subjected to murder, imprisonment, deportation, forcible transfer and destruction of their homes, properties and cultural institutions. Babić held several high-level positions, such as President of the RSK. 

On 27 January 2004, Babić pleaded guilty to the crime against humanity of persecutions and, subsequently, on 28 January 2004, Trial Chamber I found him guilty. 

Trial Chamber I balanced the gravity of the crime Babić admitted to with the aggravating and mitigating circumstances in order to determine the adequate sentence. 

It found that the crimes were of extreme gravity and Babić's high level political position was an aggravating factor since he made resources available and prepared the Serb population to accept the crimes of persecution. Trial Chamber I also found several mitigating factors, including Babić's guilty plea, cooperation with the Prosecution, his remorse and family situation. Babić received a sentence of 13 years of imprisonment.


Brđanin: The Prosecutor v. Radoslav Brđanin

Judgment, 1 Sep 2004, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

The Assembly of the Serbian People in Bosnia and Herzegovina proclaimed the Serbian Republic of Bosnia and Herzegovina in January 1992. Shortly afterwards, a strategic plan was created with the aim to remove the non-Serb population from the newly proclaimed Bosnian Serb state. To this extent, the local police, the newly created army and Serb paramilitary groups engaged in a campaign of attacks resulting in the commission of crimes against the non-Serb population. During this time, Brđanin was the President of the Autonomous Region of Krajina (ARK) Crisis Staff, which functioned as a center for cooperation between the Serb forces committing the crimes.

Trial Chamber II held that there was insufficient evidence to prove that the crime of genocide was committed in the territory of the ARK. Therefore, Brđanin could not be found guilty on such charges.

However, the ARK Crisis Staff's decision to disarm the non-Serbs was found to have assisted and substantially contributed to the commission of the crime of torture, which led Trial Chamber II to find Brđanin guilty of aiding and abetting torture both as a crime against humanity and as a grave breach of the 1949 Geneva Conventions.

Trial Chamber II furthermore found Brđanin guilty of other crimes against humanity and war crimes. He was sentenced to 32 years' imprisonment.


Bralo: The Prosecutor v. Miroslav Bralo

Judgment on Sentencing Appeal, 2 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Between April and July 1993 the village of Ahmići (Bosnia and Herzegovina) and its surroundings were subjected to an ethnic cleansing targeting the Muslim population. Miroslav Bralo, also known as “Cicko”, actively participated in these attacks as a member of a unit of the Croatian Defence Council. He pleaded guilty to crimes against humanity and war crimes and Trial Chamber III, subsequently, found him guilty and sentenced him to 20 years of imprisonment.

Bralo appealed the sentencing judgment of 7 December 2005, challenging Trial Chamber III's assessment of the factors which guided it in determining the final sentence.

Bralo adduced three grounds of appeal. In the first one he argued that Trial Chamber III made an error when it classified certain factors as irrelevant to his sentence. The second ground challenged the Chamber's assessment of the factors which it did take into consideration as relevant for Bralo's sentence. In the last ground, Bralo claimed that Trial Chamber III did not reduce his sentence adequately, considering the volume and relevance of the mitigating circumstances.

The Appeals Chamber did not find any error in the findings of Trial Chamber III and dismissed all three grounds of Bralo's appeal. Subsequently, his sentence of 20 years was affirmed.


Prosecutor v. Mohammed G.

Judgment, 29 Aug 2016, District Court of Rotterdam, The Netherlands

On 9 October 2015 the Dutch citizen Mohammed G. was arrested because the Netherlands General Intelligence and Security Service AIVD believed he was about to travel to Syria or Iraq. This was not the first time the defendant was arrested; in an earlier judgment Mohammed G. was ordered to spend a year in a psychiatric hospital because he suffered from hallucinations that ordered him to join the jihadi armed struggle in Syria or Iraq.

In the current case, the Court held that the defendant was well aware of the things he would participate in if he were to travel to Syria or Iraq. For example, the defendant was recorded saying ‘I want to fight, I want to kill, I want to be’. The Court therefore ruled that the defendant was guilty of seeking to obtain for himself or for others the opportunity, means or information for the commission of arson and/or causing explosions and/or murder and/or manslaughter. According to the Court, the participation in the jihadi armed struggle can be qualified as those crimes. The defendant committed the crimes with terrorist intent.

A psychological report of the defendant was drawn up, which concluded that the defendant’s intelligence bordered on him being mentally handicapped. The Court concurred with these findings and concluded that the defendant was in a state of partially diminished responsibility. The Court therefore sentenced the defendant to three years imprisonment and a hospital order (TBS), to reduce the risk of recidivism.


M. v. al-Tikriti: M. v. Barzan al-Tikriti

Décision, 22 Dec 2003, Federal Department of Defence, Switzerland


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