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Deronjić: The Prosecutor v. Miroslav Deronjić
Judgment on Sentencing Appeal, 20 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Miroslav Deronjić was brought before the ICTY for his role in the commission of crimes in the village of Glogova in Bosnia and Herzegovina in May 1992. The attack resulted in the deaths of Bosnian Muslims and the destruction of their properties and homes. Deronjić pleaded guilty to the charge of persecution as a crime against humanity and, subsequently, Trial Chamber II found him guilty. He was sentenced to 10 years' imprisonment.
He appealed the imposed sentence, adducing four grounds of appeal.
First, he argued that Trial Chamber II reached its conclusions on the basis of evidence that was not among the documents agreed upon with the Prosecution. Furthermore, he asserted that Trial Chamber II erroneously found that it was not bound to apply a more lenient penalty than the national laws of the former Yugoslavia would envisage. The Appeals Chamber concluded that those domestic laws do not bind the Tribunal and thus his argument could not be upheld. In his last two grounds of appeal, Deronjić argued that Trial Chamber II made errors in the assessment of the aggravating and mitigating circumstances. The Appeals Chamber found, however, no errors.
As a result, all four grounds of appeal were dismissed and the sentence of 10 years of imprisonment was upheld.
Kondić : Prosecutor's Office of Bosnia and Herzegovina v. Vinko Kondić
Indictment, 3 Mar 2008, Court of Bosnia and Herzegovina, Preliminary Hearing Judge, Bosnia and Herzegovina
Vinko Kondić was born on 25 September 1953 in Donje Sokolovo in the municipality of Ključ, Bosnia and Herzegovina. During the war in the former Yugoslavia, he served as a member of the Executive Committee of the Serbian Democratic Party (SDS) Municipal Organisation in Ključ, as Commander of the Ključ police station (SJB), as member of the Ključ Crisis Headquarters and as member of the Ključ Defence Council. The Prosecutor’s Office of Bosnia and Herzegovina claimed that Kondić participated in the crimes committed in June 1991 against Bosnian Muslims (Bosniak) and Croat civilians. In particular, he allegedly killed and transferred Bosniak and Croat men to concentration camps where they were beaten, threatened with weapons, and tortured.
El Shifa v. USA: El-Shifa Pharmaceutical Industries Company and Salah El Din Ahmed Mohammed Idris v. United States of America
Appeal from the United States District Court for the District of Columbia, 8 Jun 2010, United States Court of Appeals, District of Columbia, United States
In August 1998, the US embassies in Kenya and Tanzania were bombed by terrorists loyal to Osama bin Laden. In retaliation, President Clinton ordered a missile strike on the El-Shaifa pharmaceutical plant in Khartoum, Sudan, arguing that it was a base for terrorism. Later, it was proven that the plan had no ties to terrorists. Therefore, El-Shifa Pharmaceutical Industries brought complaints against the United States in the US Court of Federal Claims.
In November 2005, the District Court found that El-Shifa Pharmaceutical Industries raised a non-justiciable political question (which foresees that courts have no authority to hear or adjudge on matters that raise political, rather than legal, questions) in asking the Court to adjudge on the President’s powers to designate as enemy property the private property of the chemical plant in Sudan.
On 27 March 2009, the Court of Appeals affirmed the decision of the District Court, holding that the case raised a political question, and therefore barring the court from hearing the matter.
On 3 August 2009, the Court of Appeals ordered that the case be re-heard by the court sitting en banc (where the case is heard before all judges of the court).
On 8 June 2010, the Court of Appeals sitting en banc affirmed the District Court’s dismissal of El-Shifa’s claims on the grounds that the question brought before the Court remained a political question despite the plaintiffs’ efforts to characterize the case differently. Accordingly, the claims could not be heard by the court.
Popović et al.: The Prosecutor v. Popović et al
Judgment (Public Redacted), 10 Jun 2010, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
The Bosnian Serb Forces conducted a campaign of attacks against the Bosnian Muslim population of Srebrenica and Žepa between March and September 1995.
After the fall of Srebrenica in July 1995, the men were separated from the women, children and elderly, and transported to locations where they were detained and killed.
The Trial Chamber found that these acts constituted genocide, crimes against humanity and war crimes. The Chamber found that there were two separate criminal plans, the first of which aimed to murder the Bosnian Muslim men, and the second to remove the civilians from Srebrenica and Žepa.
For their acts and omissions, the seven accused were found guilty on several counts. The Chamber found all of the accused responsible on counts of crimes against humanity. Popović, Beara, Nikolić, and Borovčanin were found guilty for violations of the laws or customs of war, and with the exception of Borovčanin, they were also found guilty on charges of genocide.
While Popović and Beara received a punishment of life imprisonment, the rest received sentences between 5 and 35 years of imprisonment.
Kanyarukiga: The Prosecutor v. Gaspard Kanyarukiga
Judgement and Sentence, 1 Nov 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
During the Rwandan genocide of 1994, Gaspard Kanyarukiga was a businessman who owned a pharmacy in the Nyange Trading Centre, located in Nyange secteur (area). He also owned a business in Kigali.
On 6 April 1994, following the death of President Habyarimana, thousands of Tutsi civilians took refuge at the Nyange Parish, located in the Kivumu community, and were subsequently attacked. These attacks culminated in the destruction of the Nyange Parish Church on 16 April 1994. At the time of the destruction of the Church, about 2000 Tutsi civilians were allegedly confined to the church and were killed during the destruction of the church.
On 6 June 2008 the Prosecution’s request to transfer Kanyarukiga’s case to the courts of Rwanda was denied due to fears that he would not receive a fair trial there.
For the role he played in these events, the Accused was charged by the Prosecutor of the ICTR with genocide or, alternatively, complicity in genocide, and extermination as a crime against humanity. The Trial Chamber convicted him for genocide and extermination and sentenced him to thirty years’ imprisonment.
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