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Van Anraat: Public Prosecutor v. Frans Cornelis Adrianus van Anraat
Judgment, 9 May 2007, Court of Appeal of The Hague, The Netherlands
Frans van Anraat was a Dutch businessman who, from 1984 until 1988, purchased large quantities of the chemical thiodiglycol from the United States and Japan. This chemical was then sold, through a number of different companies located in different countries, to Saddam Hussein’s government of Iraq. After 1984, Van Anraat was the government’s sole supplier of the chemical. The chemical is a key component in the manufacture of mustard gas and was in fact used for this purpose by Hussein’s government who then proceeded to employ the gas in attacks against Iranian military and civilians in the Iran-Iraq war and against the Kurdish population in northern Iraq. The effect was devastating, thousands of individuals were killed and many thousands more were injured with long-term effects including blindness and cancer.
The Dutch Prosecutor brought a case against Van Anraat. The District Court of the Hague acquitted him of the charge of complicity to genocide (because his genocidal intent could not be proved), but he was convicted of complicity in war crimes and the court sentenced him to 15 years’ imprisonment.
The Court of Appeal of The Hague upheld the District Court’s acquittal on the charge of complicity to genocide and his conviction of complicity to war crimes. The Court increased Van Anraat’s sentence to 17 years’ imprisonment.
Haradinaj et al.: The Prosecutor v. Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj (TC)
Judgment (Public), 3 Apr 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Between March and September 1998, the Kosovo Liberation Army (KLA) was attacking the Dukagjin area in order to assert its control over that territory. All three accused held positions within the KLA.
The charges comprised of crimes against humanity and war crimes, but Trial Chamber I held that the necessary contextual elements of the former had not been satisfied. Therefore, it dismissed all counts of crimes against humanity. It did further determine that war crimes had been committed by the KLA forces, but only found sufficient evidence for some of the allegations. Accordingly, it limited the counts for which responsibility could be attributed.
There was lack of evidence to prove the existence of a common purpose to remove the Serbian, Kosovar Roma/Egyptian and Kosovar Albanian civilians from the Dukagjin area, and, therefore, the three accused could not be held guilty for participating in a joint criminal enterprise.
The Chamber found only Brahimaj guilty of torture and cruel treatment and sentenced him to 6 years of imprisonment.
Vuković: Prosecutor's Office of Bosnia and Herzegovina v. Radmilo Vuković aka Rade
Verdict, 13 Aug 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Radmilo Vuković was born on 28 July 1952 in the village of Rataje located in the municipality of Foča, southeastern Bosnia and Herzegovina. In his capacity as member of the military forces of the so-called Serb Republic of Bosnia and Herzegovina, also known as “Republika Srpska”, Vuković allegedly had sexual intercourse with a woman from the Foča municipality without her consent. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina did not find Vuković guilty, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vuković raped the woman.
Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 29 Aug 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
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.
Lipovac: Prosecutor's Office of Bosnia and Herzegovina v. Damir Lipovac
Indictment, 22 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina
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