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Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić

Judgment, 17 Jan 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

In July 1995, the Army of the Republika Srpska (VRS) attacked the Srebrenica enclave in Bosnia and Herzegovina. After the attacks, units of the VRS killed Bosnian Muslim men and removed women, children and the elderly out of Srebrenica. Two VRS units, the Bratunac and Zvornik Brigades of the Drina Corps, were involved in the commission of crimes against the Bosnian Muslims. While Blagojević was the Commander of the former, Jokić was the Chief of Engineering of the Zvornik Brigade.

Trial Chamber I found that Blagojević's assistance had a substantial effect on the commission of the crimes and that he was aware that his acts would assist the perpetrators. Therefore, he was found guilty of aiding and abetting the crimes of complicity to commit genocide, crimes against humanity (murder, persecutions, and inhumane acts) and war crimes (murder) but he was acquitted of the charges of extermination (as crimes against humanity).

Jokić was also found to have aiding and abetted the crimes against humanity of extermination and persecutions and the war crime of murder as a consequence of his acts of assistance and his knowledge that his acts would facilitate the commission of these crimes.

Trial Chamber I handed down a sentence of 18 years to Blagojević and 9 years to Jokić.


Morina: War Crimes Prosecutor v. Sinan Morina

Indictment, 13 Jul 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Sinan Morina is an ethnic Kosovo Albanian and was a member of the Kosovo Liberation Army (KLA) during the non-international armed conflict between the KLA, on one side, and the police and military units of the SFR Yugoslavia, on the other. He was charged with participating, together with 34 members of KLA, in the killing of nine Serbian men, expulsion, imprisonment, torture and rape of Serbian civilians, and large-scale destruction of civilian property and religious objects (Orthodox churches St. Spas and St. Nikola) in the village of Opteruša between 17 and 21 July 1998. The purpose of this armed attack was to ethnically cleanse the area from all non-Albanian population and create an ethnically pure Albanian territory.

Morina was acquitted by the Belgrade District Court on 20 December 2007 due to lack of credible evidence. The Supreme Court of Serbia reversed the verdict of the War Crimes Court in 2009 and ordered a re-trial. He was arrested in Croatia on 24 February 2010 following an international arrest warrant issued by the Serbian authorities.


Samardžija: The Prosecutor v. Marko Samardžija

Verdict, 15 Oct 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command, on 10 July 1992, that the Bosniak (Muslim) population from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses, after which the men older than 18 and younger than 60 were brought to the primary school in Biljani. From there, the men were murdered in groups of 5 to 10, which led to the deaths of at least 144 Bosniak men.  

On Appeal, the Court found the Accused guilty of Crimes against Humanity for the deprivation of liberty of these men, since they were forcefully moved from their homes and taken to the primary school. The Court did not find him guilty of aiding in the murders, since this was not a clear and obvious consequence of his acts.

Therefore on 15 October 2008, the Appellate Division of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (depriving of liberty) and sentenced him to seven years imprisonment. 


The Public Prosecutor v. Guus Kouwenhoven

Ruling of the three judge panel at the Court of Appeal in ’s-Hertogenbosch, 21 Apr 2017, 's-Hertogenbosch Court of Appeal, The Netherlands

Guus Kouwenhoven, a Dutch national, carried out business operations in Liberia since the 1980s. He was the owner and president of two logging companies in operation during the second civil war in Liberia from 1999-2003. The civil war was fought between the Liberian armed forces led by President Charles Taylor on one side and rebel groups on the other. It was alleged that Taylor had financial interests in Kouwenhoven’s businesses and that these businesses were used to facilitate the commission of war crimes. 

Kouwenhoven was charged with a number of crimes related to war crimes committed in Liberia and faced a string of cases in Dutch courts between 2006-2018. In its decision of 21 April 2017, the Court of Appeal in ’s-Hertogenbosch convicted Kouwenhoven and sentenced him to 19 years’ imprisonment for illegally importing weapons and ammunition and complicity in war crimes committed by Charles Taylor’s regime. Kouwenhoven was not protected from prosecution by the Liberian Amnesty Scheme introduced by Charles Taylor’s government prior to Taylor’s resignation. The Court found that Kouwenhoven had deliberately provided the weapons used for the war crimes committed by the combined Liberian armed forces and therefore was an accomplice to these war crimes.


Eshetu Alemu

Judgment, 8 Jun 2022, The Court of Appeal in The Hague, The Netherlands

In the 1970s, the “Derg” military government took over the state power in Ethiopia. This “Red Terror” regime included a violent crackdown on rebel groups and other political opponents, including the Ethiopian Peoples Revolution Party (EPRP), with whom the Derg was engaged in a non-international armed conflict. In an effort to eradicate the EPRP, the accused Eshetu Alemu, the sole representative of the Derg in the Gojjam region, ordered the unlawful arrest of around 300 alleged party members. They were detained in cruel and inhumane conditions and subjected to torture and killings. 

The Court of Appeal established that Alemu knew and participated in these war crimes and sentenced him to life imprisonment, upholding the verdict of the District Court of The Hague in 2017. 

The investigation and prosecution of these crimes began after an investigative journalist published an article about the defendant in 1998. He had been living in the Netherlands, holding Dutch nationality at that point and had not been held accountable for the atrocities. 


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