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Perišić: The Prosecutor v. Momčilo Perišić

Judgment (public with confidential annex c), 6 Sep 2011, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Momčilo Perišić was a high-level military officer in the Yugoslav Army, which provided assistance both through sending weapons and through paying the salaries of the officers of the Army of Republika Srpska (VRS) and that of the Serbian Krajina (SVK). 

Three incidents were relevant for the purposes of his trial. The shelling and sniping in Sarajevo, the invasion of the town of Srebrenica, both perpetrated by the VRS, and the SVK's attacks in Zagreb.

The Chamber found Perišić guilty as aider and abettor to war crimes and crimes against humanity for his role in the incidents in Sarajevo and Srebrenica. 

The Chamber found him not guilty for his failure to punish the acts of the VRS in Sarajevo and Srebrenica due to the lack of his effective control over the conduct of the VRS. 

However, he was found guilty for the failure to punish the criminal behavior of the SVK, over the conduct of which he did possess effective control. Perišić was sentenced to 27 years of imprisonment.


Ngirabatware: The Prosecutor v. Augustin Ngirabatware

Judgement and Sentence, 20 Dec 2012, International Criminal Tribunal for Rwanda, Tanzania

In the final trial before the International Criminal Tribunal for Rwanda, the Accused was Augustin Ngirabatware, the Minister of Planning from 1990 until July 1994 in the Rwandan government and an influential figure by virtue of his education and wealthy background. Indicted on charges of genocide and crimes against humanity, the Trial Chamber found that Ngirabatware had actively espoused the killing of the Tutsi population in Rwanda by delivering speeches to large assembled crowds encouraging them to man roadblocks and kill Tutsis. He distributed weapons to the Interahamwe militia and encouraged them to perpetrate crimes against the Tutsi population. Ngirabatware was convicted of genocide, direct and public incitement to commit genocide and rape as a crime against humanity. He was sentenced to 35 years’ imprisonment on 20 December 2012.


Tadić: The Prosecutor v. Duško Tadić

Sentencing Judgment after Referral, 11 Nov 1999, 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 found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment. The Appeals Chamber found him guilty of additional crimes, and remitted the issue on sentencing to a Trial Chamber.

Trial Chamber IIbis considered that Tadić’s awareness of, and enthusiastic support for, the attacks on the non-Serb civilian population of Prijedor were aggravating circumstances.  Trial Chamber IIbis found that Tadić’s good behaviour in the United Nations Detention Unit and his personal circumstances were mitigating factors. 

Furthermore, Trial Chamber IIbis held that a crime against humanity is more serious than a war crime due to its widespread or systematic scale and the quantity of the crimes. 

Tadić was sentenced to 25 years of imprisonment.


Kupreškić et al.: The Prosecutor v. Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, Vladimir Šantić, also known as “Vlado”

Judgement, 14 Jan 2000, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, and Vladimir Šantić were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim population of the village of Ahmići in Bosnia and Herzegovina. In April 1993, the Bosnian Croat forces attacked the village, aiming to remove the Muslim inhabitants through the commission of crimes against them. The attack resulted in the deaths of over a hundred Muslim inhabitants, numerous others were wounded and Muslim houses and mosques were destroyed.

Trial Chamber II was satisfied that the attack on Ahmići was targeting the Muslim civilians with the aim to spread terror among them and assure that they will never return to their homes.

Dragan Papić was acquitted of the charges of persecutions (as a crime against humanity) due to insufficient evidence to sustain that he participated in the attacks.

Trial Chamber II found Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, and Vladimir Šantić guilty of persecution (as a crime against humanity). Furthermore, Josipović and Šantić were found guilty of murder and inhumane acts (both as crimes against humanity).

Trial Chamber II handed down sentences ranging between 6 and 25 years of imprisonment.


Tadić: The Prosecutor v. Duško Tadić

Judgment in Sentencing Appeal, 26 Jan 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, 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 found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment. The Appeals Chamber found him guilty of additional crimes, and remitted the issue on sentencing to a Trial Chamber. Trial Chamber IIbis sentenced Tadić to 25 years of imprisonment. Tadić appealed against both the sentencing judgment of Trial Chamber II as well as that of Trial Chamber IIbis.

The Appeals Chamber found that Trial Chamber II erred when it ordered that the term of the sentence start after a final determination of an appeal as well as when it did not give credit for the time Tadić spent in custody in Germany.

The Appeals Chamber also upheld Tadić’s argument that crimes against humanity do not attract higher sentence than war crimes. The Appeals Chamber revised the sentence imposed by Trial Chamber IIbis to 20 years of imprisonment.


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