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Babić: The Prosecutor v. Milan Babić
Judgement on Sentencing Appeals, 18 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, 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 issued its judgment. 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 appealed.
The Appeals Chamber rejected his grounds of appeal: the Trial Chamber had given due consideration to the facts and circumstances, including the mitigating and aggravating factors, and since it is not bound by any agreement between parties, it did not err in not following the requested sentence. The fact that one mitigating factor (the post-conflic efforts to further peace) were wrongly disregarded, did not make the overall sentence of thirteen years' imprisonment unfair
Samardžija: The Prosecutor v. Marko Samardžija
Verdict, 3 Nov 2006, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command that the Bosniak (Muslim) men from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses. Men older than 18 and younger than 60 were then consequently murdered in groups of 5 to 10. This resulted in the deaths of at least 144 Bosniak men.
While taking into account the ICTY and ICTR case law, and while pointing out that the issue of legality was not violated, the Court determined that Samardžija assisted in the commission of crimes against humanity. As a result, on 3 November 2006, the Trial Panel of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (murder) and sentenced him to 26 years’ imprisonment
Anvil Mining et al.: Public Prosecutor v. Adémar Ilunga, Sadiaka Sampanda, Jean-Marie Kambaj Munsans, John Mwelwa Sabata, Mongita Lofete, Mwnza wa Mwanza, Tase Muhindo, Kayembe Kasongo, Ilunga Kashila, Pierre Mercier, Peter van Niekerk, Cedric and Anvil Mining Company Congo
Judgment, 28 Jun 2007, Military Court of Katanga, Congo
The village of Kilwa in Katanga province in the Democratic Republic of the Congo was the site of combat in October 2004. Having come under the control of rebel forces from Zambia belonging to the Revolutionary Movement for the Liberation of Katanga (MRLK), the troops of the Congolese Army (FARDC) were ordered by President Kabila to regain control over the village. After three hours of heavy shelling on 15 October 2004, the FARDC forces succeeded.
During the take over, it is alleged that they committed acts of pillaging, wanton destruction as well as illegal detentions and summary executions. Some 70 villagers were killed. The present decision was rendered by the Katanga Military Court after proceedings widely described by international observers as unfair and biased by political interferences and procedural irregularities. In its verdict, the Court found the commander in charge of the attack, Adémar Ilunga, and three soldiers guilty for the illegal arrest, detention, and murder of two persons. These crimes, however, were not committed during the attack of Kilwa. All the other accused were acquitted, the Court having concluded the victims were members of a rebel group killed during the attack. The Australian company, Anvil Mining Congo, was also accused, FARDC soldiers having used company property, including a plane, to lead the attack and commit the alleged crimes. However, the Court concluded that the FARDC had requisitioned the vehicles and acquitted Anvil and three of its employees.
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.
Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović
Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.
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