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Golubović : Prosecutor's Office of Bosnia and Herzegovina v. Blagoje Golubović

Verdict, 10 Jul 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Blagoje Golubović was born in Strganci, Bosnia and Herzegovina, on 18 April 1965. He was charged with participating in the plan of the forces of the Serb Republic of Bosnia and Herzegovina (later known as Republika Srpska) to kill the non-Serb civilians of the municipality of Foča. Golubović was charged with crimes against humanity.

On 6 July 2009, the Prosecutor’s Office of Bosnia and Herzegovina dropped the charges against Golubović. On 10 July 2009, the Court of Bosnia and Herzegovina passed a verdict dismissing the charges against Golubović.


Eisentrager et al.: Prosecutor of the United States Military Commission v. Lothar Eisentrager et al.

Judgment, 14 Jan 1947, United States Military Commission, China

Germany surrender World War II on 8 May 1945. The surrender mandated the cessation of military activities against the United States and its allies. The 27 Accused in the present case are all German nationals who were resided in China during the duration of the war. They were members of the German military intelligence agency, Bureau Ehrhardt, or the German propaganda agency, the German Information Bureau in China. Included amongst the accused were Ernst Woermann, German ambassador to occupied China, and Elgar von Randow, Counsellor of the Shanghai office of the German Embassy.

They were indicted by the Prosecutor of the United States Military Commission in China for war crimes, namely, for assisting the Japanese armed forces in the conduct of military activities against the United States and its allies. They were variously alleged to have collected and disseminated military information and distributed propaganda to the Japanese. The Military Commission convicted 21 of the 27 accused and handed down terms of imprisonment ranging from 5 years to life imprisonment for Lothar Eisentrager, the head of the Bureau Ehrhardt. The Military Commission was required to address a number of questions including the exercise of jurisdiction by the Court since the accused were all German nationals and the crimes were not committed on US territory, as well as whether the crimes with which the accused were charged amounted to war crimes under international law at the time of their commission. 


Barbie: The Prosecutor v. Klaus Barbie

Arrêt, 25 Nov 1986, 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. A crucial question in his case has been the qualification of the crimes with which he is charged: crimes against humanity are not subject to a statute of limitations and may therefore be prosecuted irrespective of how long ago they were committed. By contrast, war crimes are subject to the French statute of limitations of 10 years. The present decision was an appeal by a widow, a victim of Barbie’s who had lost her husband and her son during the war, against a decision of a lower court which held that her application to become a civil party was inadmissible as the she was a victim of war crimes and not crimes against humanity, and thus the 10 year statute of limitations had expired. The Supreme Court of France overturned the decision of the Court of Appeal of Lyon, finding that a crime can simultaneously be qualified as a crime against humanity and a war crime.


El Hage: United States of America v. Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, Khalfan Khamis Mohamed

Verdict, 29 May 2001, United States District Court Southern District of New York, United States

Wadih El-Hage, 40, is a naturalised American citizen who was born in Lebanon. He has admitted being Osama bin Laden's personal secretary. He was accused of being the key organiser of the Kenya cell and of setting up front companies in Kenya for Al-Qaeda. He left Kenya almost a year before the bombings, after being questioned by the FBI in Africa. At the time of the bombings, he was living in Arlington, Texas, with his wife, April, and seven children. El Hage claimed he only worked for bin Laden in legitimate businesses and had no contact with him since 1994. El Hage was charged with conspiracy to murder Americans.

On 29 May 2001, El Hage was convicted for conspiracy to kill United States officers and employees engaging in official duties and conspiracy to destroy buildings and property of the United States. In addition, he was found guilty of giving false statements to a federal jury (perjury). On the basis of this conviction, El Hage was sentenced to life in prison without the possibility of being released.


The Prosecutors and the Peoples of the Asia-Pacific Region v. Hirohito et al.: The Prosecutors and the Peoples of the Asia-Pacific Region v. Hirohito Emperor Showa et al.

Judgement on the Common Indictment and the Application for Restitution and Reparation, 4 Dec 2001, The Women's International War Crimes Tribunal For the Trial of Japan's Military Sexual Slavery, Japan

During WWII, numerous grave crimes had been committed by several parties. One of the less known crimes relates to the Japanese army’s “comfort system”, an allegedly state-sanctioned system of mass sexual slavery and sexual violence/torture of hundreds of thousands of women and girls captured in occupied territories. Although the Japanese government has for a long time refused to acknowledge its responsibility – arguing that the “comfort women” were voluntary prostitutes – many surviving victims and supportive Non-Governmental Organisations (NGOs) sought relief. The current judgment is a result of their efforts: the Women's International War Crimes Tribunal for the Trial of Japan's Military Sexual Slavery, in a 300+-page judgment, concluded that the “comfort system” was indeed a crime against humanity and found all ten accused, then-Emperor Hirohito and nine high-ranking military commanders and Ministers (all deceased at the time the judgment was issued), by way of their superior positions and power to end the widespread rapes, as well because of their involvement in the establishment of the system, guilty.

It should be noted that the Tribunal is not an international tribunal in the common sense, like the International Criminal Tribunals for Rwanda and the former Yugoslavia which were created on authority of the United Nations Security Council, or like the International Criminal Court which was established by a treaty between sovereign states. Instead, the Tribunal’s authority is based on a higher moral ground, being premised on the understanding that ‘“law is an instrument of civil society” that does not belong exclusively to governments whether acting alone or in conjunction with the states. Accordingly, where states fail to exercise their obligations to ensure justice, civil society can and should step in’ (para. 65).


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