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Šljivančanin: The Prosecutor v. Veselin Šljivančanin
Review Judgement (Public), 8 Dec 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Šljivančanin was in charge of a security force within the Yugoslav People’s Army that moved prisoners from the Vukovar hospital to Ovčara, where they were tortured and murdered. In the earlier phases of his trial, Šljivančanin was found guilty on counts of torture as a war crime and was sentenced to five years’ imprisonment. Later, the Appeals Chamber extended his conviction to the count of murder as war crime and sentenced him to 17 years’ imprisonment. The reason behind this decision was a conversation between Šljivančanin and his superior which proved the former's intentions to contribute to the murdering of the prisoners.
In 2010, however, a new witness contacted the Defence team of Šljivančanin, expressing his intentions to testify about the conversation in question. According to his testimony, the conversation did not evidence that Šljivančanin had the required intention.
The Appeals Chamber accepted the testimony of the witness as constituting a new fact for the purposes of the trial and allowed the review motion.
After closely considering the testimony and the arguments brought by the Prosecution against the testimony, the Chamber concluded that the statements of the witness were credible. Accordingly, it ruled that the conviction on the count of murder had to be vacated and the sentence was reduced to 10 years of imprisonment.
Perišić: The Prosecutor v. Momčilo Perišić
Judgment (public with confidential annex c), 6 Sep 2011, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Momčilo Perišić was a high-level military officer in the Yugoslav Army, which provided assistance both through sending weapons and through paying the salaries of the officers of the Army of Republika Srpska (VRS) and that of the Serbian Krajina (SVK).
Three incidents were relevant for the purposes of his trial. The shelling and sniping in Sarajevo, the invasion of the town of Srebrenica, both perpetrated by the VRS, and the SVK's attacks in Zagreb.
The Chamber found Perišić guilty as aider and abettor to war crimes and crimes against humanity for his role in the incidents in Sarajevo and Srebrenica.
The Chamber found him not guilty for his failure to punish the acts of the VRS in Sarajevo and Srebrenica due to the lack of his effective control over the conduct of the VRS.
However, he was found guilty for the failure to punish the criminal behavior of the SVK, over the conduct of which he did possess effective control. Perišić was sentenced to 27 years of imprisonment.
Gotovina & Markač: Prosecutor v. Ante Gotovina and Mladen Markač
Judgement, 16 Nov 2012, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
In August 1995, the Croatian forces conducted a rapid offensive attack against the Krajina region of Croatia which had the purpose of removing ethnic Serbs, and make the region suitable for Croats instead. Both Gotovina and Markač were in a high military position that controlled the operation in Krajina.
Trial Chamber I found that both Gotovina and Markač had participated in a joint criminal enterprise (JCE, a mode of criminal responsibility in the jurisprudence of the Tribunal), which aimed to remove all Serbs from the Krajina region. Trial Chamber I found them guilty of crimes against humanity and war crimes; General Gotovina received a 24 year sentence, while Markač received 18 years imprisonment.
The Appeals Chamber considered that Trial Chamber I had erred in its analysis of the lawfulness of artillery attacks on four towns in Croatia. This error led the Appeals Chamber to reverse Trial Chamber I’s finding regarding the existence of a JCE to remove the Serb population from the Krajina region. This, in turn, resulted in the reversal of all convictions entered by Trial Chamber I under this mode of responsibility. Unable to enter convictions on any alternate modes of responsibility, the Appeals Chamber acquitted both Gotovina and Markač of all charges and ordered their immediate release.
Mugenzi & Mugiraneza: Justin Mugenzi and Prosper Mugiraneza v. The Prosecutor
Judgement, 4 Feb 2013, International Criminal Tribunal for Rwanda, Tanzania
Following the death of Hutu Rwandan President Juvénal Habyarimana on 6 April 1994, the newly installed and Hutu dominated Interim Government adopted and implemented a policy to execute all Tutsi civilians and moderate Hutu. Some 800,000 people died in the course of the genocide.
The Appellants in the present case, Justin Mugenzi and Prosper Mugiraneza held the posts of Minister for Trade and Civil Service respectively in the Interim Government. They were convicted by Trial Chamber II of the International Criminal Tribunal for Rwanda and sentenced to 30 years’ imprisonment for conspiracy to commit and direct and public incitement to commit genocide. Their conviction was based upon their role in the decision to remove the Tutsi prefect of Butare and their presence at the installation ceremony of the new prefect at which Interim President Sindikubwabo incited the massacre of Tutsi civilians in Butare. The Appeals Chamber overturned the decision of the Trial Chamber on the grounds that the Appellants did not possess the necessary intent for conspiracy and direct and public incitement to commit genocide. They were consequently acquitted of all charges and released.
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).
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