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Haradinaj et al.: The Prosecutor v. Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj (TC)
Judgment (Public), 3 Apr 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Between March and September 1998, the Kosovo Liberation Army (KLA) was attacking the Dukagjin area in order to assert its control over that territory. All three accused held positions within the KLA.
The charges comprised of crimes against humanity and war crimes, but Trial Chamber I held that the necessary contextual elements of the former had not been satisfied. Therefore, it dismissed all counts of crimes against humanity. It did further determine that war crimes had been committed by the KLA forces, but only found sufficient evidence for some of the allegations. Accordingly, it limited the counts for which responsibility could be attributed.
There was lack of evidence to prove the existence of a common purpose to remove the Serbian, Kosovar Roma/Egyptian and Kosovar Albanian civilians from the Dukagjin area, and, therefore, the three accused could not be held guilty for participating in a joint criminal enterprise.
The Chamber found only Brahimaj guilty of torture and cruel treatment and sentenced him to 6 years of imprisonment.
Abtan et al. v. Prince et al.: Estate of Himoud Saed Abtan et al. v. Prince et al.
Order, 6 Jan 2010, United States District Court for the Eastern District of Virginia, United States
The case was filed by 22 injured Iraqi nationals and the families of eight individuals who died in the Nisoor Square shooting in Bagdad on 16 September 2007. The complaint was brought against the private security contractor Blackwater (now known as “Academic LLC”) and its founder Erik Prince.
On 1 January 2010, the Iraqi nationals agreed to sign a settlement agreement with Blackwater and Erik Prince, and to withdraw their complaint. The details of the agreement were not made available to the public.
Japanese Piracy Trial
Judgment, 12 Apr 2013, Tokyo District Court, Japan
On 5 March 2011, four Somalian men armed with submachine guns attempted to board and hijack the Guanabara, a Japanese Mitsui O.S.K. Lines tanker in the Indian Ocean, off the coast of Oman. They were captured by the US Navy, and subsequently extradited to Tokyo, Japan, on request of the Japanese coastguard.
Two suspects, Mohamed Urgus Adeysey and Abdinur Hussein Ali, pleaded guilty. From the other two suspects, who were both juvenile at the time the crimes took place, one pleaded guilty and the other not guilty. The Tokyo District Court found all four guilty though, and sentenced them to prison terms ranging from five to eleven years.
Eichmann: Attorney General v. Adolf Eichmann
Judgment, 11 Dec 1961, District Court of Jerusalem, Israel
The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.
The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.
He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death. He was unsuccessful in contesting the jurisdiction of the Court or defending his actions by relying on superior orders.
Gacumbitsi: Sylvestre Gacumbitsi v. The Prosecutor
Judgement, 7 Jul 2006, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.
By a decision of 17 June 2004, the International Criminal Tribunal for Rwanda convicted Sylvestre Gacumbitsi, the former mayor of Rusumo commune, of genocide and crimes against humanity. In particular, the Trial Chamber found that Gacumbitsi had used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. On appeal by the Prosecution and the Defence, the Appeals Chamber had the occasion to clarify a number of important areas of law including the law applicable to instigation and rape as a crime against humanity. The Chamber dismissed all of Gacumbitsi’s grounds of appeal but entered new convictions for murder as a crime against humanity. Gacumbitsi’s sentence was increased to life imprisonment.
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