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Furundžija: The Prosecutor v. Anto Furundžija
Judgment, 10 Dec 1998, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” in Nadioci (Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering.
Trial Chamber II was satisfied that the elements of the war crime of torture have been fulfilled and it found Furundžija guilty of this crime as a co-perpetrator. Furthermore, Furundžija was also found guilty of aiding and abetting the war crime of outrages upon personal dignity, including rape. Although Furundžija did not personally commit the crime, his presence and actions aided and abetted the commission of rape.
Furundžija was sentenced to 10 years of imprisonment.
Aleksovski: The Prosecutor v. Zlatko Aleksovski
Judgment, 25 Jun 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993.
Trial Chamber I found that the Prosecution did not provide sufficient evidence to support that Aleksovski was responsible for the conditions at the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. Accordingly, Aleksovski was found not guilty of the grave breaches of inhuman treatment and wilfully causing great suffering or serious injury to body or health.
However, Trial Chamber I found Aleksovski guilty of outrages upon personal dignity (as a violation of the laws or customs of war) for his role in the infliction of violence on the Muslim detainees and for using them as human shields and for trench digging. Aleksovski was sentenced to two and a half years of imprisonment.
Tadić: The Prosecutor v. Duško Tadić
Judgment in Appeal, 15 Jul 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment.
The Appeals Chamber denied Duško Tadić’s appeal on all grounds. It did allow, however, the Prosecution’s appeal, reversing the judgment of Trial Chamber II and entering convictions for war crimes and crimes against humanity.
The Appeals Chamber also held that an act carried out for the purely personal motives of the perpetrator can constitute a crime against humanity. Furthermore, Trial Chamber II erred in finding that all crimes against humanity require discriminatory intent.
The issue of sentencing was referred to a Trial Chamber.
Jelisić: The Prosecutor v. Goran Jelisić
Judgment, 14 Dec 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Jelisić was brought before the ICTY for his role in the commission of crimes in the municipality of Brčko (Bosnia and Herzegovina) in 1992. During this time, the Serb forces obtained control over the area and expelled the Croat and Muslim residents from their homes. The non-Serbs were detained in collection centres, such as the Luka camp near the town of Brčko (Bosnia and Herzegovina). Those detained were subjected to inhumane conditions, killings and mistreatments. Jelisić regularly entered the Luka camp and beat, mistreated and often killed the detainees.
Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity.
Trial Chamber I held that the requirements of his guilty plea have been fulfilled and, subsequently, it found Jelisić guilty of all counts of crimes against humanity and war crimes to which he pleaded guilty.
With respect to genocide, Trial Chamber I found that there was insufficient evidence to prove the existence of a special plan to destroy the Muslim group (the special intent element required for the crime of genocide) in Brčko, Bosnia and Herzegovina. Similarly, Trial Chamber I found that even Jelisić himself did not have this special intent. Therefore, he was acquitted of the charge of genocide.
Jelisić was sentenced to 40 years of imprisonment.
Blaškić: The Prosecutor v. Tihomir Blaškić
Judgment, 3 Mar 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. During this time, the Croatian forces attacked several municipalities in the area of Lašva Valley (Bosnia and Herzegovina). As a result of the attack, hundreds of Bosnian Muslim civilians were killed, arrested, detained, mistreated or forced to leave their homes.
Trial Chamber I found that Tihomir Blaškić ordered a significant number of attacks and did not take measures to prevent or punish the crimes that were committed by his subordinates. Therefore, Trial Chamber I found him responsible for the crimes against humanity and war crimes occurred during those attacks.
Furthermore, Blaškić was found guilty of inhuman and cruel treatment (as crimes against humanity) for the violence at the detention centres, for the forcing of detainees to dig trenches, for the taking of hostages, and for the use of human shields.
Blaškić was sentenced to 45 years of imprisonment.
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