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Ivanković: Prosecutor's Office of Bosnia and Herzegovina v. Damir Ivanković, a.k.a. "Dado"

Verdict, 2 Jul 2009, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Damir Ivanković was born on 26 June 1970 in Prijedor. In 1992, he was a member of the Prijedor police station and the police intervention platoon from Prijedor. He pleaded guilty of escorting a convoy consisting of at least 16 buses, tractor-trailers, trucks and truck-trailers carrying more than 1,200 predominantly Muslim and some Croat civilian, who were detained at the Bosnian Serb-run Trnopolje concentration camp. Ivanković further admitted that when the convoy reached Mount Vlašić, he and other members of the police intervention platoon and the Prijedor police separated more than 200 men. They subsequently boarded them on two buses and brought them to a location called Korićanske stijene on Mount Vlašić, an area where there is a sheer rock face on one side of the road and a steep cliff on the other. There, Ivanković and the others ordered the men of the first bus to kneel on the very edge of the road above the cliff and subsequently fired at them. Some of the men jumped into the abyss hoping that they would survive. The men from the second bus were executed in groups of three. Thereafter, the accused threw hand grenades from the top of the precipice, and opened fire at the dead bodies and at those who jumped. In total, more than 200 men were killed and only 12 survived.

Ivanković was sentenced to 14 years in prison.


Gibson et al.: Ministerio Fiscal v. Shawn "Thomas" Gibson, Philip Wolford and Philip De Camp

Auto, 14 Jul 2009, Audiencia Nacional / National Court (High Court), Spain


Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Order re: Prudential exhaustion, 31 Jul 2009, United States District Court Central District of California, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population.

In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’. However, regarding other claims (of environmental harm, of cruel, inhuman and degrading punishment and of consistent pattern of gross violations of human rights) the Court held that it could be assessed whether the plaintiffs should first exhaust legal remedies in Papua New Guinea. Therefore, it gave the plaintiffs one month to decide whether they wished to pursue these claims.  


Mandić: Prosecutor's Office of Bosnia and Herzegovina v. Momčilo Mandić

Second instance verdict, 1 Sep 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Momčilo Mandić, who was Assistant Minister of the Interior of Bosnia and Herzegovina (BiH) in April 1996, was indicted before the Court of BiH in 2006 on allegations of involvement in war crimes against civilians and crimes against humanity committed during the armed conflicts that broke out in the former Yugoslavia in 1991, and which lasted until 1995. Mandić was accused of directing the attack against the Training Centre for Personnel of the BiH Ministry of Interior – one of the events that sparked the war – and of ordering (or at least failing to take reasonable measures against) subordinates to detain and mistreat several non-Serb civilians.

Mandić was acquitted by the Court in first instance, as it could not be proved beyond reasonable doubt that he had been involved in these acts, and neither could it be established that he was, indeed, a superior with the possibility to either order such acts to be committed or to take measures against subordinates who were about to or had committed the acts. The prosecution appealed, but to no avail; on 1 September 2009, the Appellate Panel upheld the acquittal.


Marić: Prosecutor's Office of Bosnia and Herzegovina v. Zoran Marić

First instance verdict, 29 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Zoran Marić, a former soldier in the Army of Republika Srpska, was indicted by the Court of Bosnia and Herzegovina (BiH) on suspicion of involvement in war crimes committed in 1992, during the armed conflict between the Army of Republika Srpska and, on the other hand, BiH and the Croatian Defense Council (HVO). Marić was charged with co-perpetration – together with fellow soldiers – of torture, inhumane treatment and murder of Bosniak civilians. Although he initially pleaded not guilty, he came to a plea agreement with the prosecutor, pleading guilty to the crimes he was indicted for. The Court of BiH, after evaluating the evidence, found the agreement acceptable and sentenced Marić to fifteen years’ imprisonment.


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