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The events giving rise to the case have occurred in the municipality of Bosanski Šamac (Bosnia and Herzegovina) in 1992. After the Serb forces took over control, non-Serb civilians were detained at several prison camps throughout the municipality. One such facility was the primary school in Bosanski Šamac (Bosnia and Herzegovina). Milan Simić together with other Serb men severely beat and mistreated several detainees held at the primary school during the summer of 1992. In May 2002, Simić pleaded guilty to the crime against humanity of torture. Trial Chamber II entered a finding of guilt, and was left with the issue of determining the appropriate sentence for Simić.

With respect to the aggravating factors, Trial Chamber II accorded relevance to the gravity of the offence, Simić’s position of authority, the vulnerability and inferior status of the victims, and Simić’s discriminatory intent.

Trial Chamber II also took into consideration mitigating circumstances, including: Simić’s guilty plea, his remorse, his voluntary surrender, his lack of prior criminal conduct, his comportment at the Detention Unit and general co-operation with the Trial Chamber and the Prosecution.

After balancing these factors, Trial Chamber II sentenced Simić to 5 years of imprisonment.

In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plant had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.

In March 2003, the US Court of Federal Claims dismissed the complaints as non-justiciable based on the ‘political question doctrine’ (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions). Accordingly, the Court found that it did not have jurisdiction, even if the complaints raised issues under the Fifth Amendment to the US Constitution. Therefore, El-Shifa’s complaints were dismissed.

Madelaine Bukumba, a woman originally from the Democratic Republic of Congo (DRC), was previously employed by the Comité de Securité de l'État (CSE). Her job was to listen incognito to the conversations of individuals in public places and to report on their opinions to the CSE as well as on media coverage of the government. 

After being shown on television speaking against the government’s use of child soldiers, Bukumba was put in prison for 15 days. Following her release, she attempted to quit her job but was threatened to be killed if she would quit. Thereafter, Bukumba fled to Kenya and eventually to Canada together with her minor daughter.

Bukumba claimed protection under the UN Convention relating to the Status of Refugees in order not to be returned to the DRC. The Immigration and Refugee Board of Canada held that she did not qualify for protection because she had been an accomplice to serious crimes committed by the government because she was a former governmental employee. In addition, the Immigration and Refugee Board held that there was no risk to her or her daughter’s life if returned to the DRC.

The case against Milan Babić centered around the crimes that were committed by Serb forces in the Autonomous Region of Krajina (SAO Krajina) in Croatia, later known as the Republic of Serbian Krajina (RSK). Between August 1991 and February 1992, Serb forces attacked towns and villages in the Krajina region. After taking over control of the area, a campaign of crimes was commenced during which Croats and other non-Serbs were subjected to murder, imprisonment, deportation, forcible transfer and destruction of their homes, properties and cultural institutions. Babić held several high-level positions, such as President of the RSK. 

On 27 January 2004, Babić pleaded guilty to the crime against humanity of persecutions and, subsequently, on 28 January 2004, Trial Chamber I found him guilty. 

Trial Chamber I balanced the gravity of the crime Babić admitted to with the aggravating and mitigating circumstances in order to determine the adequate sentence. 

It found that the crimes were of extreme gravity and Babić's high level political position was an aggravating factor since he made resources available and prepared the Serb population to accept the crimes of persecution. Trial Chamber I also found several mitigating factors, including Babić's guilty plea, cooperation with the Prosecution, his remorse and family situation. Babić received a sentence of 13 years of imprisonment.