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Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić
Appeals Judgment, 9 May 2007, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
The municipality of Srebrenica (Bosnia and Herzegovina) was attacked and taken under the control of the Army of the Republika Srpska (VRS) in July 1995. Bosnian Muslim men were separated from women, children and the elderly, and, subsequently, murdered. The others were removed from Srebrenica by buses. Vidoje Blagojević and Dragan Jokić played a crucial role in the commission of crimes by units of the VRS in the aftermath of the attacks on Srebrenica. Trial Chamber I convicted Blagojević of complicity in genocide, war crimes and crimes against humanity. Jokić was also found guilty of war crimes and crimes against humanity.
The Appeals Chamber found that Trial Chamber I made an error in finding Blagojević guilty of complicity in genocide, since his knowledge of the forcible transfer operations, the mistreatments and the murders were not enough to establish that he knew of the genocidal intent (a special mental requirement for the crime of genocide) of the perpetrators. Therefore, the Appeals Chamber reversed his conviction for this crime and reduced his initial sentence of 18 years to 15 years of imprisonment.
All other grounds of Blagojević's appeal were rejected, together with the grounds adduced by Dragan Jokić and the Prosecution.
Knesevic : Public Prosecutor v. Darko Knesevic
Decision, 11 Nov 1997, Netherlands Supreme Court, Criminal Division, The Netherlands
Darko Knesevic was born in Banja Luka (former Yugoslavia) on 10 October 1964. On 1 November 1995, the Officer of Justice of the District Court in Arnhem, the Netherlands, requested a preliminary inquiry into which legal authority was competent in the case against Knesevic. Knesevic was suspected of killing two Bosnian Muslims, threatening others and transferring them to a concentration camp, and attempting to rape two women, while he was part of an armed group serving as part of the Bosnian Serb militias that killed Bosnian Muslim civilians during the armed conflict in the former Yugoslavia (1992-1995).
The Supreme Court of the Netherlands (Hoge Raad), relying on the Geneva Conventions’ concept of universal jurisdiction, ruled that the Dutch military chambers could consider the case even though the alleged crimes were committed outside the Netherlands.
Ivanović : Prosecutor's Office of Bosnia and Herzegovina v. Željko Ivanović a/k/a Arkan
Second Instance Decision on the Revocation of the First Instance Verdict, 5 Dec 2012, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
The Appellate Division granted the appeal in this case, revoked the first instance verdict, and ordered a retrial. On 17 June 2013, in the second-instance verdict, the Appeals Panel of the Court of Bosnia and Herzegovina found the accused Željko Ivanović guilty of the criminal offense of genocide and sentenced him to a 24-year long-term imprisonment.
Nzapali: Public Prosecutor v. Sebastien Nzapali
Judgment, 1 Dec 2009, Supreme Court of the Netherlands, The Netherlands
Sebastien Nzapali, aka “King of Beasts”, was born in 1952 in the Democratic Republic of Congo (DRC). Nzapali was commander of the Garde Civile in 1991 during the regime of President Mobutu Sese Seko in the territory of the DRC (before known as Zaire). During that time, Nzapali gave orders for the arrest of a customs officer working at the port of Matadi, his detention and for his subsequent torture (he was beaten with a whip while he was half-naked).
After the fall of President Mobutu in 1997, Nzapali fled to the Netherlands. In September 2007, the District Court of ‘s Hertogenbosch sentenced Nzapali to ten years' imprisonment after being found guilty on a range of charges, including self-enrichment and unlawful arrests.
Mitrović: Prosecutor's Office of Bosnia and Herzegovina v. Petar Mitrović
Verdict, 7 Sep 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
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