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In this case appearing before the Criminal Division, the accused Dušan Fuštar was found guilty for crimes against humanity regarding his participation in the running of the Keraterm camp in Prijedor municipality. He was sentenced to 9 years of imprisonment after he entered a plea agreement with the Prosecutor’s Office.

This marked the first time that a case referred to the Court of BiH by the ICTY (in the case of Željko Mejakić et al.) was settled through a plea agreement. The Court found Dušan Fuštar guilty and sentenced him to nine years of imprisonment.

In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.

On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law. 

The US District Court of Appeals for the Second Circuit affirmed the judgment of the District Court. It held that adjudicating Arar’s claims would interfere with national security and foreign policy. In his partial dissent, Judge Sack found that this provides federal officials with licence to “violate constitutional rights with virtual impunity”. The Court of Appeals also found that as a foreign national, Arar had no constitutional due process rights.

On 12 August 2001, a group of armed individuals under the leadership of Johan Tarčulovski entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The men targeted ethnic Albanians through shootings, setting houses on fire and mistreating the captured people. During this time, Ljube Boškoski was the Minister of Interior of FYROM.

 Trial Chamber II examined the incidents at Ljuboten and other locations. It concluded with respect to Boškoski that he knew that crimes were being committed in and around Ljuboten, and since he reported the incidents to the authorities that should have investigated these allegations, fulfilled his obligations to take steps to punish those who were responsible. Accordingly, he cannot be held guilty on any of the charges.

 Tarculovski, on the other hand, was actively participating in the events of 12 August 2001. He was the leader of the operation and participant in the events. Therefore, Trial Chamber II found him guilty for the war crimes of murder, wanton destruction and cruel treatment. He was sentenced to 12 years of imprisonment.

From 1 March until mid-June 1994, Tharcisse Muvunyi served as Lieutenant Colonel in the Rwandan Armed Forces, stationed at the École des Sous-officiers (ESO) in Butare prefecture. This case concerns Muvunyi’s responsibility for crimes committed at various locations in Butare Prefecture between April and June 1994.

The Trial Chamber had convicted Muvunyi of genocide, direct and public incitement to commit genocide, and other inhumane acts as a crime against humanity and had convicted him to 25 years of imprisonment.

Both Muvunyi and the Prosecution appealed the trial judgment. The Appeals Chamber overturned the convictions for genocide, direct and public incitement to commit genocide based on a speech he had given in Gikonko, and other inhumane acts as a crime against humanity. The Appeals Chamber also quashed Muvunyi’s conviction for direct and public incitement to commit genocide based on a speech he had given at the Gikore Trade Centre and ordered a retrial limited to the allegations connected with this incident. The Chamber set aside the sentence of 25 years’ imprisonment.

Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were all born in Bosnia and Herzegovina. During the armed conflict in Bosnia and Herzegovina, which began in April 1992 and ended in November 1995, the three of them were members of the Army of Bosnia and Herzegovina (VRS). 

On 10 September 1992, members of the VRS took Bosnian civilians out of their homes in Ljoljići-Čerkazovići located in the municipality of Jajce (central Bosnia and Herzegovina), and subsequently brought them to the nearby village of Draganovac where they were lined up against the edge of an abyss before being shot. Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were charged for their participation in the killing of 23 and the wounding of four of the Bosnian civilians. On 29 September 2008, the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina found Pekez (son of Mile) guilty for the crimes, and ordered a retrial.