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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).
Doe v. Saravia: J. Doe v. Alvaro Rafael Saravia et al.
Judgment, 24 Nov 2004, United States District Court Eastern District of California, United States
On 24 March 1980, Archbishop Oscar Arnulfo Romero was killed in the Chapel of the Divine Providence Hospital in San Salvador. The killing was planned and coordinated by officers of the Salvadoran military, including Alvaro Rafael Saravia. As a result of the influence of these persons, no one was convicted for the killing of Archbishop Romero.
In 2003, the Center for Justice and Accountability (CJA) filed a suit on behalf of relatives of Archbishop Romero against Alvaro Rafael Saravia, who went into hiding after he was served with the complaint.
In November 2004, the U.S. District Court Eastern District of California found Saravialiable for the assassination of Archbishop Romero and awarded a total of $10,000,000.00 in damages.
Krajišnik: The Prosecutor v. Momčilo Krajišnik
Judgement (public), 17 Mar 2009, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Momčilo Krajišnik was found guilty by Trial Chamber I on multiple counts of crimes against humanity for his role in the 1991-1992 events in municipalities of Bosnia and Herzegovina. He appealed the decision, representing himself. The Appeals Chamber appointed a counsel as amicus curiae (friend of the Court) to assist his case through the filing of an additional appeal in order to represent Krajišnik's interests.
The Appeals Chamber held that Trial Chamber I made errors with respect to the expansion of the crimes forming part of the joint criminal enterprise of the perpetrators and the manner in which Krajišnik could be held liable for them. Therefore, it acquitted Krajišnik of murder, extermination and persecution as crimes against humanity.
The Appeals Chamber rejected the arguments of the Prosecution, in which the latter argued that the sentence was not properly determined by Trial Chamber I, and should be raised to life imprisonment.
In light of the acquittals on several counts, the Appeals Chamber reduced Krajišnik's sentence from 27 years to 20 years of imprisonment.
Kalimanzira: The Prosecutor v. Callixte Kalimanzira
Judgement, 22 Jun 2009, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Callixte Kalimanzira was the Minister of Interior during the genocide in Rwanda.
In its judgment of 22 June 2009, the Trial Chamber of the ICTR noted that, on 23 April 1994, Kalimanzira went to Kabuye hill in Butare prefecture with soldiers and policemen, where thousands of Tutsi refugees were attacked and killed. The Accused’s role in luring Tutsis to Kabuye hill and his subsequent assistance in providing armed reinforcement substantially contributed to the overall attack. Therefore, the Chamber found the Accused guilty of aiding and abetting genocide at Kabuye hill. The Chamber further found him guilty of direct and public incitement to commit genocide on several occasions, including at the Jaguar roadblock, the Kajyanama roadblock, and the Nyabisagara football field on different dates in April 1994, and at the Gisagara marketplace at the end of May 1994.
The Trial Chamber sentenced the Accused to 30 years imprisonment.
Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven
Judgment, 20 Apr 2010, Supreme Court, The Netherlands
The accused, Dutch businessman Guus Kouwenhoven, was suspected of involvement in smuggling arms to Liberia (through his Liberian-based timber factories) during the Second Liberian Civil War - in violation of UN arms trade bans - and accomodating/complicity in the numerous war crimes that were committed with these weapons. He was taken into custody by the Dutch police in 2005, and put on trial.
Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence. The prosecution appealed and ultimately the Supreme Court found that the Court of Appeal had erred by not properly motivating its decision not to allow an examining judge to assess whether two anonymous witnesses - who were allegedly very close to Kouwenhoven and Charles Taylor, and therefore key to the prosecution's case - should be admitted as protected witnesses, could be provided a protected witness-status so as to testify in the case. The appeals judgment was declared null and void and the case was referred to another Court of Appeals.
The case is currently still before the Court of Appeal: due to the case being assessed anew on all facts and evidence, an enormous amount of requests relating to the admission of (new) evidence has been filed.
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