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Đorđević: The Prosecutor v. Vlastimir Đorđević

Public Judgment with Confidential Annex, 23 Feb 2011, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

In the period between January and June 1999, the Serb forces conducted a campaign of attacks against the Albanian population of Kosovo, with the aim to remove them from the region. The bodies of the Kosovo Albanians were concealed in centers near Belgrade and later buried in secret mass graves. Ðorđević, who was the head of the police forces, was charged with war crimes and crimes against humanity.

The Chamber came to the conclusion that Ðorđević participated in a common plan to eliminate the Albanian population of Kosovo, and that his role was indispensable for the fulfillment of the operation.

The Chamber found him guilty of aiding and abetting the charged crimes due to his direct involvement in the concealing of bodies murdered by the Serb forces. He also failed to conduct an investigation of these crimes, which was sufficient for his conviction. Ðorđević was sentenced to 27 years of imprisonment.


Zentai: Minister for Home Affairs of the Commonwealth v. Zentai

Order, 15 Aug 2012, High Court of Australia, Australia

Charles Zentai is an Australian citizen, who is accused of involvement in the killing of a young Jewish man, Mr Balazs, in Budapest in November 1944. The young man was not wearing his yellow star, upon which Zentai allegedly dragged him to an army post and, with others, beat him to death.

In 2005 the Republic of Hungary asked Australia to extradite Charles Zentai. In 1944, there was no offence of war crime in the Hungarian Criminal Code. Although murder was a crime in the National Code in 1944, the Republic of Hungary did not seek the accused’s surrender for prosecution for murder, but for war crime.

On 12 November 2006, the Minister determined that the accused was to be surrendered to the Republic of Hungary. A judge of the Federal Court and later on the Full Court of the Federal Court required that the accused should be released.

On 15 August 2012, the High Court determined that the Minister could not extradite the accused, because the Treaty on Extradition between Australia and the Republic of Hungary determines that extradition may only take place for a crime that was an offence in the Requesting State at the time the acts constituting it occurred. 


M.P. et al.: Public Prosecutor v. M.P. et al.

Verdict, 24 Apr 1997, District Court in Zadar, Croatia (Hrvatska)

The Zadar County Court of Croatia, in its verdict of 24 April 1997, convicted in absentia 19 officers of the so-called Yugoslav People’s Army (JNA) for the siege of the city of Zadar, which caused the death of at least 30 civilians and the destruction of significant parts of the city – including facilities and objects of large economic and cultural significance – without any military necessity to do so. The officers were found guilty of war crimes against civilians and crimes against humanity, and sentenced to prison sentences that ranged – depending on their military rank and degree of control over the campaign and, specifically, the targeting of unlawful targets – from ten to 20 years. However, as they had left Croatia before the initial indictment, the convicted persons have not yet been caught.


De Letier v. Chile: Isabel Morel De Letelier, et al. v. The Republic of Chile, et al.

Memorandum Opinion, 5 Nov 1980, District Court for the District of Columbia, United States

Marcos Orlando Letelier del Solar was a Chilean economist, socialist politician, diplomat and foreign minister during the presidency of the socialist President Salvador Allende. He became a refugee in the United States following the military dictatorship of General August Pinochet (1973-1990). On 21 September 1977, together with Ronni Moffitt, his American aide, they were assassinated by DINA (the Chilean secret police under Pinochet) agents after an explosive device was detonated under Orlando Letelier’s automobile.

In 1978, their relatives sued Chile and several individuals allegedly involved in the case. The District Court of Washington D.C. found that it had jurisdiction over the action and found the defendants to have killed Letelier and Moffitt while acting within the scope of their employment. The Court awarded more than $5,000,000 to the families of the two victims.


Barbie: The Prosecutor v. Klaus Barbie

Arrêt, 3 Jun 1988, Supreme Court (Criminal Law Chamber), France

Klaus Barbie was a member of the German SS and later the head of the Gestapo in Lyon, Occupied France in 1942. He was wanted by the French authorities for charges of crimes against humanity committed during World War II, during which time he earned the nickname the ‘Butcher of Lyon’ in recognition of his notorious interrogation style.

After the war, he was recruited by the Army Counter Intelligence Corps of the United States, which later helped him emigrate to Bolivia. When the French authorities became aware of his residence in Bolivia, an arrest warrant was issued. Bolivia expelled Barbie and, as he was disembarking a plane in French Guyana, he was picked up by French authorities and detained.

After a series of decisions regarding challenges to the jurisdiction of the French courts, Barbie was convicted for multiple counts of crimes against humanity by the Cour d’assises of Rhone and sentenced to life imprisonment in 1987. The present decision was his final appeal; it was rejected in its entirety by the Supreme Court of France. Barbie died in prison in 1991 at the age of 77. 


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