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Pinčić: The Prosecutor v Zrinko Pinčić

Appellate Verdict, 2 Dec 2009, Court of Bosnia and Herzegovina (Section II, Panel of the Appellate Division), Bosnia and Herzegovina

During the conflict in the Former Yugoslavia, Zrinko Pinčić was a member of the Croat Defense Council (HVO). Between November 1992 and March 1993, he came to a house in the village of Donje Selo, Konjic Municipality, were Serb civilians were detained. During this time, Pinčić repeatedly took one woman from the room where other civilians were detained, and forced her to sexual intercourse, holding his rifle by the bed and threatening her that he would bring another 15 soldiers to rape her and other detainees, if she refused him.

On 28 November 2008 the Court of Bosnia and Herzegovina found Zrinko Pinčić guilty of War Crimes against Civilians and sentenced him to 9 years in prison. Both the Prosecutor’s Office and the Defence appealed the decision. The Prosecutor appealed the sentencing part of the Verdict, finding the sentence too lenient. The Defence appealed the Trial Verdict because of: essential violations of the criminal procedure provisions; violations of the Criminal Code; erroneously and incompletely established state of facts and the decision on the costs of the criminal proceedings.

The Appellate Panel of the Court of Bosnia and Herzegovina dismissed all Appeals as unfounded and upheld the Trial Verdict in its entirety.


Alić: Prosecutor's Office of Bosnia and Herzegovina v. Šefik Alić

Second Instance Verdict, 20 Jan 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Šefik Alić was born on 3 March 1968 in Dobro Selo in the municipality of Buzim, Bosnia and Herzegovina. Alić was Assistant Commander for Security of the Hamza Battalion of the army of Bosnia and Herzegovina. On 5 August 1995, during the Oluja military operation, soldiers of both the Hamza Battalion and Tewfik Al Harbi captured four soldiers of the army of the Republic of Srpska Krajina. Even though the Hamza Battalion had to protect them, the four soldiers were physically and mentally abused, and Alić participated in the abuses. The four soldiers were subsequently killed by members of Tewfik Al Harbi. As Assistant Commander, Alić had a duty to punish soldiers that committed crimes under his command, but he failed to do so. On 20 January 2011, the Appellate Panel of the Court of Bosnia and Herzegovina found Alić guilty of war crimes against prisoners of war and sentenced him to 10 years imprisonment.


Taylor: The Prosecutor v. Charles Ghankay Taylor

Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone

In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.

Charles Taylor was sentenced to fifty years of imprisonment.

On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence. 


Eshetu Alemu

Judgment, 8 Jun 2022, The Court of Appeal in The Hague, The Netherlands

In the 1970s, the “Derg” military government took over the state power in Ethiopia. This “Red Terror” regime included a violent crackdown on rebel groups and other political opponents, including the Ethiopian Peoples Revolution Party (EPRP), with whom the Derg was engaged in a non-international armed conflict. In an effort to eradicate the EPRP, the accused Eshetu Alemu, the sole representative of the Derg in the Gojjam region, ordered the unlawful arrest of around 300 alleged party members. They were detained in cruel and inhumane conditions and subjected to torture and killings. 

The Court of Appeal established that Alemu knew and participated in these war crimes and sentenced him to life imprisonment, upholding the verdict of the District Court of The Hague in 2017. 

The investigation and prosecution of these crimes began after an investigative journalist published an article about the defendant in 1998. He had been living in the Netherlands, holding Dutch nationality at that point and had not been held accountable for the atrocities. 


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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