404 results (ordered by relevance)
<< first
< prev
page 48 of
81
next >
last >>
Gotovina & Markač: Prosecutor v. Ante Gotovina and Mladen Markač
Judgement, 16 Nov 2012, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
In August 1995, the Croatian forces conducted a rapid offensive attack against the Krajina region of Croatia which had the purpose of removing ethnic Serbs, and make the region suitable for Croats instead. Both Gotovina and Markač were in a high military position that controlled the operation in Krajina.
Trial Chamber I found that both Gotovina and Markač had participated in a joint criminal enterprise (JCE, a mode of criminal responsibility in the jurisprudence of the Tribunal), which aimed to remove all Serbs from the Krajina region. Trial Chamber I found them guilty of crimes against humanity and war crimes; General Gotovina received a 24 year sentence, while Markač received 18 years imprisonment.
The Appeals Chamber considered that Trial Chamber I had erred in its analysis of the lawfulness of artillery attacks on four towns in Croatia. This error led the Appeals Chamber to reverse Trial Chamber I’s finding regarding the existence of a JCE to remove the Serb population from the Krajina region. This, in turn, resulted in the reversal of all convictions entered by Trial Chamber I under this mode of responsibility. Unable to enter convictions on any alternate modes of responsibility, the Appeals Chamber acquitted both Gotovina and Markač of all charges and ordered their immediate release.
T21: The Prosecutor v. T21
Appeals Judgment, 20 Dec 2012, Criminal Division of the Court of Appeal of the Hague, The Netherlands
On 26 October 2010, a group of 20 Somalians, armed with machine guns and bazookas, violently attacked a yacht off the Seychelles. They hijacked the South African yacht ‘Choizil’ off the Tanzanian coast after it had left Dar es Salaam en route for South Africa. Because the South African authorities refused to prosecute the captured Somalians, five men who were members of the group were arrested and transferred to the Netherlands in order to be prosecuted.
On 12 August 2011, the Court of First Instance of Rotterdam convicted the five men for piracy and sentenced them for a period between four-and-a-half and seven years. The decision was appealed by the defendants to the Court of Appeal of the Hague.
One of the appellants was T21. On 20 December 2012, the Court of Appeal found that though the accused had not been able to call certain witnesses (namely, other suspects who had been captured together with T21 but were released afterwards), this did not violate his fair trial rights; T21 had been given sufficient means for his defence and the equality-of-arms-principle was found to have been ensured.
The Court of Appeal found the accused guilty for his intentional participation in a group that intended to hijack ships and use them for unlawful purposes and in unlawful ways. The Court further found that the accused had threatened persons on board of the Choizil with force, but, contrary to the Court of First Instance, it was not convinced that he had actually fired any weapon himself. Therefore, the Court of Appeal set aside the decision of the Court of First Instance and replaced it with a new decision on the facts that were proven. The sentence was reduced from six to five years' imprisonment (with credit for time on remand).
The case was the first time a criminal case, in which Somali pirates stood trial, was heard in appeal in the Netherlands.
Taylor: The Prosecutor v. Charles Ghankay Taylor
Appeals Judgment, 26 Sep 2013, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
In April 2012, Charles Taylor, the former president of Liberia, was found guilty of providing arms, financial and moral support to the Revolutionary United Front (RUF) and the Armed Forces Revolutionary Council rebel forces. With the aim of destabilizing the country and gaining access to the natural resources of Sierra Leone (mainly diamonds), he supported the RUF in the preparation of military actions in Sierra Leone (in the districts of Bo, Kono, Kenema, Bombali, Kailahun, Freetown). During the military actions, civilians were killed, beaten, terrorised, raped, and abducted. Children were also abducted and involved in the military actions.
Charles Taylor was sentenced to fifty years of imprisonment.
On 26 September 2013, the Appeals Chamber of the SCSL confirmed that Charles Taylor assisted and planned numerous crimes committed during the Sierra Leone's civil war by the RUF and the Armed Forces Revolutionary Council rebel forces. The Appeals Chamber also confirmed the fifty years’ sentence.
R v Blackman [2017] EWCA Crim 190 : R v Blackman [2017] EWCA Crim 190
Decision on a reference by the Criminal Cases Review Commission, on appeal from the Court Martial., 15 Mar 2017, Court Martial Appeal Court, Great Britain (UK)
On 15 September 2011 a badly wounded insurgent was killed in Helmand Province, Afghanistan, by Alexander Blackman, then an Acting Colour Sergeant of the Royal Marines. In video evidence, Blackman appeared to be acting calmly and deliberately in removing the insurgent from possible observation, shooting the insurgent and giving instructions to his subordinates, including indicating “Obviously this doesn’t go anywhere, fellas. I’ve just broke the Geneva Convention”. On the basis of apparent premeditation, Blackman was convicted of murder by the court martial. In this appeal, however, the court considered fresh evidence (notably psychiatric evaluations carried out following the original conviction) suggesting that Blackman was incapable of making rational judgements or exercising self-control as a result of adjustment disorder and several “exceptional stressors”, including exhaustion, isolation, and perceived lack of leadership and support by his superiors. In light of the adjustment disorder and stressors, the court found the original conviction “unsafe” and substituted a finding of manslaughter in place of murder.
Suresh v. Canada: Suresh v. Canada (Minister of Citizenship and Immigration)
Reasons for Order, 11 Jun 1999, Federal Court, Canada
The principle of non-refoulement prohibits deportation of a person if there is a significant risk of that person being subjected to torture in the country of arrival. The principle has been repeatedly in the spotlights since 2001, as states came under increasing obligation to deny safe havens to terrorists. However, as this case proves, the principle was an issue even before September 11, 2001.
Manickavasagam Suresh fled from Sri Lanka to Canada, was granted a refugee status there, but was ultimately denied a permanent status as it was alleged that he supported the Tamil Tigers. Since Canada considered the Tamil Tigers to be a terrorist organisation, it started the procedure to deport Suresh to Sri Lanka. Suresh went to court, stating, among other things, that deportation would violate the principle of non-refoulement. The Court disagreed, stating, most importantly, that the Minister was allowed to enter into a balancing act between national security and Suresh’s individual rights. The Court did not consider the result of this balancing act to be unreasonable, given the evidence of the Tamil Tigers’ activities and Suresh role therein. Also, the Court stated that Suresh had not established ‘substantial grounds’ that he would be subjected to torture.
<< first
< prev
page 48 of
81
next >
last >>