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In the course of the armed conflict between the Democratic Kampuchea (now, Cambodia) and Vietnam from 1975 until 1979, the ruling Khmer Rouge regime perpetrated a number of abuses in their desire to establish a revolutionary State. Their policy of ‘smashing’ their enemies consisted of physical and psychological destruction involving torture and execution. This policy was implemented at S21, an interrogation centre under the leadership of Duch.

Duch was convicted by the Trial Chamber of the ECCC in its first ever judgement and awarded a sentence of 35 years’ imprisonment, with a reduction of 5 years for having been unlawfully detained by the Cambodian Military Court prior to being transferred to the ECCC. On appeal, the Supreme Court Chamber overturned this sentence and replaced it with life imprisonment and awarded no reduction in sentence. It argued that such a hefty sentence was warranted by the shocking and heinous nature of the crimes, the large number of victims (over 12000), Duch’s central leadership role and his enthusiasm for the crimes. 

In early 1998, escalating ethnic tensions and violence led to the break out of an armed conflict in Kosovo between Serbian forces and the Kosovo Liberation Army (KLA). Serbian and Albanian civilians were perceived as non-cooperative by the KLA and were subsequently targeted for intimidation, imprisonment, violence and murder. A number of Serbian military prisoners as well as Albanian civilian prisoners were detained at the Klecka detention centre by the KLA in inhumane conditions, exposed to cold, without adequate sanitation or proper nutrition. Prisoners were frequently beaten and a number amongst them were executed and their bodies buried in mass graves nearby. 

Fatmir Limaj, Naser Krasniqi, Nexhmi Krasniqi and Naser Shala were all KLA members; Limaj was the commander of the 121^st Brigade. They were indicted by the Special Prosecutor for war crimes and stood trial before the District Court of Pristina, operating under European Union supervision in Kosovo. All Accused were acquitted by the District Court.

On appeal however, the Supreme Court ordered a retrial of all accused and held that key evidence from Limaj’s deputy who had died in Germany the previous year would be admissible in the new trial.

The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.

Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.

Both defendants appealed.

From April 1975 to January 1979 the Khmer Rouge committed numerous crimes to create their socialist state. Case 002/02 was limited to prosecuting the crimes that occurred at security centers and worksites, including the executions of enemies and elites, forced marriages, and other inhumane treatment. In addition, the case included the genocide of the Vietnamese, who were fighting the Khmer Rouge forces, and the Cham peoples, who were persecuted for their religious and ethnic identity.

On 16 November 2018 the Trial Chamber found Nuon Chea and Khieu Samphan guilty of crimes against humanity (including rape, forced marriage, and murder), grave breaches of the Geneva Conventions and genocide of the Vietnamese. The Chamber also convicted Nuon Chea of the genocide of the Cham peoples.

The accused were found guilty based on their leadership roles within the Communist Party of Kampuchea; Khieu Samphan had various roles, including President of the State Presidium, and Nuon Chea was the Deputy Secretary of the party. The Trial Chamber ruled that the accused failed to prevent and punish the crimes that occurred, even though they knew or had reason to know the crimes were being carried out.

Both accused were sentenced to life imprisonment.

In 1992, Mirsad Repak was a member of the paramilitary Croatian Defence Forces (HOS), in the Dretelj detention camp, in Bosnia and Herzegovina. Repak held a middle leader position in the unit. Serbian civilians were detained in the Dretelj camp and held in inhuman conditions, suffering mistreatment and rape. Repak assisted in depriving civilian Serbs of their liberty and was also involved in the interrogation and torture of a woman detained in the camp.

In 1993, Repak fled to Norway and became a Norwegian citizen in 2001. On 8 May 2007, he was arrested in Norway and indicted for war crimes and crimes against humanity.

The case concerned the question whether the Norwegian Constitution allows the retroactive application of the legislation on war crimes and crimes against humanity. The Court observed that Article 97 of the Norwegian Constitution prohibits any retroactive application of the law unless similar legislation existed at the time of the alleged crimes. The Court ruled that prosecution was possible since the actions described in the indictment were punishable under the Criminal Code in force in 1992 (the time of the crimes). Repak was therefore found guilty of war crimes, but was acquitted for the charges of crimes against humanity, as there was no comparable legislation in 1992. Repak was sentenced to five years’ imprisonment and ordered to pay damages of a total of NKO 400,000 (approximately 51,000 euro) to the families of eight Serbian victims.