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What happened after a makeshift bomb ended the life of a US Navy Marines Corporal near the village of Haditha on 19 November 2005? After increasing media attention, the US army launched an investigation and charged eight marines, as raids against the population of Haditha allegedly resulted in the death of 24 civilians. Proceedings were initiated against Jeffrey Chessani, a commander who had not been present during the explosion and its aftermath, but had allegedly failed to adequately report and investigate the incident.

However, by the time the Navy-Marine Corps Court Trial Judiciary rendered a judgment, the legal question did not revolve around Chessani’s role during the incidents, but around the question whether there was an appearance of unacceptable influence on the case by Colonel Ewers, an important figure in military legal circles. The NMCTJ ruled that the US government had failed in refuting the appearance of “unlawful command influence”. According to the NMCTJ, the presence of someone with Ewers’ reputation, who had strong views regarding Chessani’s guilt, could have influenced the prosecutor and legal advisers. Therefore, charges against him were dismissed.

On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.

The Court relied heavily on the testimonies of Boro Glamocak and his wife and daughters. The Court discussed how it weighed the reliability and credibility of the eyewitness testimonies. Through the evidence entered into the record, Marko Škrobić was found guilty of war crimes against civilians and sentenced to ten years’ imprisonment.

Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55^th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit.

Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. The Court found that the government had proved by a preponderance of evidence that al Bihani had supported the Taliban: faithfully serving in an al Qaeda affiliated fighting unit that is directly supporting the Taliban by helping to prepare the meals of its entire fighting force suffices.

During the armed conflict that took place in the territory of the former Yugoslavia pitting Bosnian Muslims against Bosnian Croats, the Croatian Defence Council (HVO) was the official military formation of the Bosnian Croats. The Accused, Tomo Jurinović, was a member of the HVO wing in Kotor Varoš. On 31 July 1992, he is alleged to have forcibly removed a family from their home in Novo Selo with three other members of the HVO. The family was then marched to the village of Ravne where they were detained by the Accused and others on the premises of a school. During this march, the family was routinely abused and one of its members died.

The Accused was indicted for war crimes by the Prosecutor’s Office in the War Crimes Chamber of the Court of Bosnia and Herzegovina. Upon request of the Prosecutor and with support of counsel for the Accused, the Court decided to transfer the case to the court of Banja Luka. The factors that were taken into consideration by the Court included the simplicity of the case by comparison to others before the Court (the Accused did not occupy the role of a commander, there was only one deceased, the case concerned one incident), the workload of the Court and the Prosecutor’s Office and the expenses that could be saved by transferring the case. 

On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.

A Trial Court had found Škrobić guilty of war crimes and sentenced him to 10 years’ imprisonment on 22 October 2008. Both the Defence and Prosecution appealed to this decision.

The Appellate Panel dismissed as unfounded an appeal filed by the Prosecutor’s Office; dismissed appeals filed by the Defence and upheld an appeal filed by the Defence regarding the sentencing. The Panel held that the Trial Court had failed to properly take account of the fact that Škrobić was a married father of two minor children. Therefore, the Panel revised the sentence of Škrobić to nine years’ imprisonment