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Deronjić: The Prosecutor v. Miroslav Deronjić

Judgment on Sentencing Appeal, 20 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Miroslav Deronjić was brought before the ICTY for his role in the commission of crimes in the village of Glogova in Bosnia and Herzegovina in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties and homes. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty. He was sentenced to 10 years' imprisonment.

He appealed the imposed sentence, adducing four grounds of appeal.

First, he argued that Trial Chamber II reached its conclusions on the basis of evidence that was not among the documents agreed upon with the Prosecution. Furthermore, he asserted that Trial Chamber II erroneously found that it was not bound to apply a more lenient penalty than the national laws of the former Yugoslavia would envisage. The Appeals Chamber concluded that those domestic laws do not bind the Tribunal and thus his argument could not be upheld. In his last two grounds of appeal, Deronjić argued that Trial Chamber II made errors in the assessment of the aggravating and mitigating circumstances. The Appeals Chamber found, however, no errors.

As a result, all four grounds of appeal were dismissed and the sentence of 10 years of imprisonment was upheld.


Brđanin: The Prosecutor v. Radoslav Brđanin

Appeals Judgment, 3 Apr 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Radoslav Brđanin, the president of the Crisis Staff of the Autonomous Region of Krajina (ARK) in Bosnia and Herzegovina, was found guilty of war crimes and crimes against humanity by Trial Chamber II for his role in the perpetration of crimes against the non-Serb population of the ARK in 1992.

The Appeals Chamber accepted Brđanin's ground of appeal with respect to alleged errors made in his conviction for torture in the trial judgment. Lacking sufficient evidence, it could not be proven that he aided and abetted the commission of this crime. Furthermore, the Appeals Chamber concluded that Trial Chamber II made an error with regard to the facts of the attack on the town of Bosanska Krupa. Subsequently, Brđanin's conviction for this crime had to be reversed.

The Appeals Chamber also allowed two of the Prosecution’s grounds of appeal. It held that Trial Chamber II made errors when assessing the requirements for a joint criminal enterprise (JCE) (a mode of responsibility in the jurisprudence of the ICTY), particularly the role of the principal perpetrators within the JCE and their relation to the accused, Brđanin.


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.


Al-Haq v. UK: Al-Haq v. Secretary of State for Foreign and Commonwealth Affairs

Judgment, 27 Jun 2009, High Court of Justice of England and Wales, Divisional Court, Great Britain (UK)

Can a state be held legally responsible for not taking a strong stance against human rights violations committed by another state? In this case, a Palestinian human rights organization requested a UK court to give its legal opinion  about UK foreign policy, in relation to Israeli actions in the Gaza Strip during the Winter of 2008/2009 (‘Operation Cast Lead’ or the ‘Gaza War’). The court most important statement was that it did not consider itself authorized to rule on foreign policy. According to the court, foreign policy is made by the government’s executive branch and it should remain within that exclusive domain.


Haradinaj et al.: The Prosecutor v. Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj (AC)

Judgment (Public), 19 Jul 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

In 1998 the Kosovo Liberation Army engaged in a campaign against civilians in Dukagjin, Kosovo. The three accused, Haradinaj, Balaj and Brahimaj were indicted on charges of war crimes and crimes against humanity for their roles in these crimes.

The Trial Chamber, however, found that only Brahimaj was guilty on two counts of war crimes.

The Appeals Chamber examined the findings of the Trial Chamber and the arguments of both the Prosecution and Brahimaj. It decided to grant the first ground and partially grant the third ground of appeal of the Prosecution. For the first ground, it held that the Trial Chamber failed to ensure that potentially important evidence will be presented during the trial. Therefore, it ordered the re-trial of the three accused for certain counts. For the third ground, it ruled that the Trial Chamber erred in its findings relating to the crime of cruel treatment. Although it ruled that this crime did occur, the Appeals Chamber found Balaj not liable for it, and upheld the acquittal.

Out of the 19 grounds of appeal of Brahimaj, the Appeals Chamber only partially granted one, on the basis of errors in the Trial Chamber's findings with regard to the charges on torture.


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