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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.
Ljubinac: The Prosecutor v. Radisav Ljubinac
Verdict, 25 Apr 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the Police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.
By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity. The Court found that the Accused acted as the driver transferring women, children and a small number of remaining adult men from the villages and settlements in Seljani to the camp in Rogatica and from then on, transferring the women and children to Hreša. He also drove a group of civilians, including children, to the village of Duljevac whereupon they were used as human shields in front of the Serb soldiers. The Court also found that on a number of occassions, the Accused kicked and punched the detained civilians at the Rasadnik camp. He was sentenced to 10 years’ imprisonment.
Ljubinac: The Prosecutor v. Radisav Ljubinac
Verdict, 4 Oct 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.
By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity and sentenced him to 10 years’ imprisonment for his role in the forcible transfer of civilians and their maltreatment at the Rasadnik camp in Rogatica. By the present verdict, the Appellate Panel of the War Crimes Chamber confirmed the verdict of Section I and dismissed the appeals of the Prosecutor’s Office and the Defence. It amended the verdict only so far as to reflect Section I’s failure to dismiss a charge, which the Prosecutor had dropped during the trial.
Mejakić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Željko Mejakić, Momčilo Gruban and Duško Knežević
Second instance verdict, 16 Feb 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
This case revolved around three individuals who were working in prison camps during the armed conflict in the former Yugoslavia in 1992: Željko Mejakić, Chief of Security of Omarska Camp; Momčilo Gruban, leader of one of three guard shifts at Omarska camp;Dušan Fuštar, leader of one of three guard shifts in Keraterm camp; and Duško Kneževic, who held no official position at any of the camps, but who regularly entered the camps at will, assumedly in search of information about the person who had killed his brother during the war. All four men were initially indicted by the International Criminal Tribunal for Yugoslavia for charges of crimes against humanity, including murder, rape, torture and other inhumane acts. However, in 2006, they were transferred to Bosnia and Herzegovina to be tried there.
After the case was separated into two, Fuštar, in his own case, entered into a plea agreement with the prosecution and received a nine year sentence. The other three were still tried together. The Trial Panel found them guilty and sentenced Mejakić to 21 years’ imprisonment, Kneževic to 31 years and Gruban to eleven years. They appealed against their conviction; the Appellate Panel partly granted their appeal, but mostly for insignificant parts, leading to Mejakić’s and Kneževic’s conviction and sentence to be upheld. With regard to Gruban, however, the Appellate Panel found that the first instance verdict did not properly take into consideration the mitigating factors – namely, that Gruban had in several instances helped detained people in order to at least alleviate their suffering – and reduced his sentence to seven years.
Eisentrager et al.: Prosecutor of the United States Military Commission v. Lothar Eisentrager et al.
Judgment, 14 Jan 1947, United States Military Commission, China
Germany surrender World War II on 8 May 1945. The surrender mandated the cessation of military activities against the United States and its allies. The 27 Accused in the present case are all German nationals who were resided in China during the duration of the war. They were members of the German military intelligence agency, Bureau Ehrhardt, or the German propaganda agency, the German Information Bureau in China. Included amongst the accused were Ernst Woermann, German ambassador to occupied China, and Elgar von Randow, Counsellor of the Shanghai office of the German Embassy.
They were indicted by the Prosecutor of the United States Military Commission in China for war crimes, namely, for assisting the Japanese armed forces in the conduct of military activities against the United States and its allies. They were variously alleged to have collected and disseminated military information and distributed propaganda to the Japanese. The Military Commission convicted 21 of the 27 accused and handed down terms of imprisonment ranging from 5 years to life imprisonment for Lothar Eisentrager, the head of the Bureau Ehrhardt. The Military Commission was required to address a number of questions including the exercise of jurisdiction by the Court since the accused were all German nationals and the crimes were not committed on US territory, as well as whether the crimes with which the accused were charged amounted to war crimes under international law at the time of their commission.
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