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In August 1995, the Croatian forces conducted a rapid offensive attack against the Krajina region 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.

The Chamber found that both Gotovina and Markač participated in a joint criminal enterprise, which aimed at the removal of Serbs from Krajina. Their rank and position allowed them control over the conduct of the military personnel, and they were aware of the criminal behavior that occurred in Krajina, as well as the underlying common purpose.

The Chamber found them guilty; General Gotovina received a 24 year sentence, while Markač was sentenced to 18 years’ imprisonment. The Chamber acquitted Čermak, because it found that he did not have control over the acts of the military, and there was insufficient evidence to establish that he knew that his conduct in Knin was intended to further the goal of repopulating Krajina with Croats.

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’.

With the case back at the Court of Appeals, the question to be determined was the scope of the jurisdiction of the ATCA with regard to genocide, war crimes, crimes against humanity arising from a blockade and racial discrimination. The Court held that genocide and war crimes fall within the scope of the ATCA. These norms, according to the Court, are specific, universal and obligatory accepted and extend to corporations. However, the crimes against humanity arising from a blockade and the racial discrimination claims are not and, therefore, the case was remanded to the District Court for further proceedings on the claims of genocide and war crimes.

Mathieu Ngudjolo Chui was charged with crimes against humanity (crimes committed on a widespread basis and directed against civilians) and war crimes (prohibited acts committed during war) that occurred during the attack against the Bogoro village on 24 February 2003. In particular, the Accused was suspected of killing, training and using children to support his military activities, destroying houses, and attacking the inhabitants of the Bogoro village. These crimes were allegedly committed by the accused together with Germain Katanga and other persons.

Regarding of the use of children, the Trial Chamber stated that these were often present in military groups in Ituri. However, it was not proven that the accused himself trained or involved children under the age of fifteen in war activities.

In addition, it was not proven that the accused was a commander of Lendu group in February 2003. Therefore, he was released. Nevertheless, regardless of the acquittal of the accused, the Trial Chamber emphasised that the acquittal does not mean that crimes were not committed on 24 February 2003 and that the victims did not suffer damages. 

The Prosecutor v Mathieu Ngudjolo case is the second judgment issued by the ICC, and its first acquittal.

General Efraín Ríos Montt was a former head of state of Guatemala.

In 2007, Montt was elected for a seat in the Congress. In 2012, his term of office as a member of the Congress came to an end. As a result, his immunity (heads of states are given protection from being suit without their consent) was lifted. Complaints were brought against Ríos Montt for crimes that resulted in the deaths of 1,771 indigenous Ixil people during his 17-month rule.

On 10 May 2013, Ríos Montt was found guilty of crimes committed against the indigenous Mayan population between 1960 and 1996 and was sentenced to 50 years in prison. On 20 May 2013, Guatemala’s Constitutional Court annulled the decision and set back the trial to the proceedings of 19 April 2013.

Ríos Montt is the first former head of state to be convicted of genocide by a court in his own country.