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A. v. The Minister of Defence
Interim judgment on the appeal against the Court of The Hague’s judgment of 1 November 2005, 25 Mar 2013, Administrative High Court Three-judge Section, The Netherlands
The appellant is a former soldier of Dutchbat III, a battalion which was part of the United Nations peacekeeping mission that was charged with the protection of civilians in the Bosnian Muslim enclave of Srebrenica. The appellant claimed that he suffered from post-traumatic stress disorder (PTSD) after being confronted with the atrocities against the Bosnian Muslim population of Srebrenica and experiencing the explosion of a nearby mortar shell. He brought a complaint against the Dutch Minister of Defence and requested compensation for not receiving the necessary care after the mission.
On 1 November 2005, the District Court of The Hague held that the Minister of Defence failed to provide the necessary aftercare for his soldiers after the fall of Srebrenica and upon their return to the Netherlands.
On 25 March 2013, the Administrative High Court of the Netherlands ruled that necessary care was provided during the mission in Srebrenica because the soldiers were trained and equipped. However, the Court affirmed that the Dutch Minister of Defence failed to provide necessary care for his soldiers after they returned home. As a result, the Court found that the Minister could be held liable for the PTSD of the soldier which he developed after the mission.
Blackman: Regina v. Sergeant Alexander Wayne Blackman ("Marine A")
Sentencing Remarks, 6 Dec 2013, General Court Martial held at Military Court Centre Bulford, Great Britain (UK)
On 15 September 2011, while on patrol in the Helmand Province in Afghanistan, UK Marines Sergeant Alexander Blackman and his men were on patrol. They found a Taliban insurgent who had been seriously wounded (lawfully) by an Apache helicopter, and as such formed no longer a threat. After removing his AK47, magazines and a grenade, Blackman caused him to be moved to a place where you wanted to be out of sight of his operational headquarters at Shazad so that "PGSS can’t see what we’re doing to him". He ordered those of his men giving some first aid to stop, and when he was sure headquarters could not see him, he discharged a 9mm round into his chest from close range. He then told his patrol to remain silent about what happened, saying that he had just broken the Geneva Convention.
Taking into consideration Blackman's superior position as sergeant (under command of the patrol) and the consequences his acts could have for other British soldiers - namely possible reprisals - the Court found Blackman guilty of murder in violation of the laws of war (a war crime). He was sentenced to life imprisonment with a possibility for parole after ten years, stripped of his ranks and dismissed from service with disgrace.
Marques et al.: The General Prosecutor v. Joni Marques, Manuel de Costa, Joao da Costa, Paolo da Costa, Amelio da Costa, Hilario da Silva, Gonsalo Dos Santos, Alarico Fernandes, Mautersa Monis and Gilberto Fernandes
Judgement, 11 Dec 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor
From 1975 until 2002, Indonesia illegally occupied East Timor. Members of the Indonesian Armed Forces worked together with local pro-autonomy militia groups to perpetrate a campaign of violence against the civilian population, particularly against those perceived to be independence supporters.
The ten accused in the present case were all members of or otherwise affiliated with the pro-autonomy Team Alpha militia group. In 1999, they directed a number of attacks against the civilian population including the torture of one individual, the shooting of a car full of civilians including nuns and journalists, as well as the burning down of civilian homes and the transfer of the population to refugee bases or to West Timor.
The Special Panels convicted all of the Accused for various crimes against humanity and handed down sentences that ranged from 33 years and 4 months’ imprisonment to 4 years’ imprisonment, depending on the degree of the Accused’s involvement in the crimes. It was the first case before the Special Panels to involve crimes against humanity.
Mugesera v. Canada: Minister of Citizenship and Immigration, Appellant, v. Léon Mugesera, Gemma Uwamariya, Irenée Rutema, Yves Rusi, Carmen Nono, Mireille Urumuri and Marie-Grâce Hoho, Respondents
Joint reasons for judgment (on appeal from the Federal Court of Appeal), 28 Jun 2005, Supreme Court of Canada, Canada
Léon Mugesera, a former politician of the party the National Republican Movement for Democracy and Development (MRND) in Rwanda, fled Rwanda in 1993 – before the actual start of the Rwandan genocide in 1994 – after the authorities had issued an arrest warrant against him for incitement to genocide and murder, as he had given one of the first inflammatory public speeches that eventually led to the genocide. Mugesera, together with his wife and their five children, sought asylum in Canada, which was granted. However, in 1995, the Immigration and Refugee Board became aware of the arrest warrant and issued an order to deport Mugesera to Rwanda for trial.
After several years of litigation, the Federal Court of Appeal held that the deportation order should not have been issued as there was not sufficient evidence that Mugesera had indeed been involved in the Rwandan genocide as alleged. However, the Canadian Supreme Court quashed this decision on 28 June 2005, ruling that the Court of Appeal had applied an incorrect standard of review and that, in fact, the Immigration and Refugee Board had been right all along. The deportation order was affirmed.
Simba: The Prosecutor v. Aloys Simba
Judgement and Sentence, 13 Dec 2005, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
In April 1994, in the days following the death of President Habyarimana, thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen. They sought sanctuary at places such as Kibeho Parish, Cyanika Parish, Murambi Technical School and Kaduha Parish. Hutu militiamen assisted by local officials and gendarmes launched attacks against them resulting in the death of a large number of Tutsi civilians.
The Accused, Aloys Simba, was a retired lieutenant colonel and former member of parliament. The Prosecution contended that Simba was one of the principal architects of these massacres, and therefore charged him with genocide (Count 1), complicity in genocide (Count 2), and extermination (Count 3) and murder (Count 3) as crimes against humanity. At the close of the trial, the Prosecution withdrew the charges of complicity in genocide and of murder as a crime against humanity.
On 13 December 2005, Trial Chamber I of the ICTR found Simba guilty of genocide and extermination as a crime against humanity for his participation in the aforementioned massacres and sentenced him to 25 years of imprisonment.
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