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Karajić : Prosecutor's Office of Bosnia and Herzegovina v. Suljo Karajić a/k/a Hodža
Second Instance Verdict , 28 Nov 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Perišic: Prosecutor v. Momčilo Perišić
Judgment, 28 Feb 2013, International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Appeals Chamber, The Netherlands
Momčilo Perišić was born on 22 May 1944 in Koštunići, Serbia. During the period August 1993 until December 1998, he was chief of the General Staff of the Yugoslav Army (VJ). The Prosecutor of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague started criminal proceedings against him. Perišić was found guilty of planning and executing an attack on Srebrenica, at the time of the attack an area considered a so-called “safe area”, and for the killings of thousands of Muslims living there. In addition, Perišić was also found guilty for killing seven people and injuring approximately 200 people in Zagreb on 2 and 3 May 1995 with the help of the Army of Serbian Krajina (SVK). Perišić appealed against the decision. On 28 February 2013, the ICTY acquitted Perišić and subsequently released him.
Polyukhovich v. Australia: Polyukhovich v. The Commonwealth of Australia and Another
Order, 14 Aug 1991, High Court of Australia, Australia
Ivan Timofeyevich Polyukhovich was born in the village of Serniki in the Pinsk region, Ukraine. Polyukhovich became an Australian citizen in 1958. In January 1990, a case was brought against Polyukhovich in Australia for his alleged involvement in the mass killing of approximately 850 people from the Jewish ghetto in Serniki village and for killing 24 other people between August and September 1942. Their bodies had been exhumed in June and July 1990. On 18 May 1993, Polyukhovich was acquitted because there was not sufficient evidence to continue with the case.
The Prosecutor v. Radovan Karadžić
The Prosecutor v. Radovan Karadžić, Public Redacted Version of Judgement Issued on 24 March 2016 , 24 Mar 2016, International Criminal Tribunal for the former Yugoslavia, The Netherlands
The Prosecutor v. Radovan Karadžić case before the ICTY concerned events which occurred from October 1991 to November 1995 in the former Republic of Yugoslavia. These conflicts have been estimated to be the cause of a death toll of approximately 100,000 people, and to over 2,000,000 people being displaced.The victims in this case were the ethnic groups of Bosnian Muslims and Bosnian Croats residing in the targeted municipalities. The crimes in question (such as murder) were committed by Bosnian Serb Forces and Bosnian Serb Political and Governmental Organs, as per orders issued by government leaders, one of whom was Mr. Karadžić.
Mr. Karadžić was the President of the Republika Srpska (RS) and Supreme Commander of the RS armed forces during the conflicts. In his leadership position, Mr. Karadžić, together with other leaders, aimed to create an ethnically pure Bosnian Serb State by territorially dividing Bosnia and Herzegovina. Mr. Karadžić’s leadership position leveraged his power in ordering the RS armed forces and facilitating the commission of crimes against humanity, genocide, and violations of rules and customs of war. Therefore, Mr. Karadžić was indicted by the ICTY of 11 counts of crimes, including crimes against humanity, violations of rules and customs of war, and genocide. On 24 March 2016, Mr. Karadžić was found guilty of most of the counts and acquitted of one genocide count. As a result, Mr. Karadžić was sentenced to 40 years of imprisonment.
Barbie: The Prosecutor v. Klaus Barbie
Arrêt, 25 Nov 1986, Supreme Court (Criminal Law Chamber), France
Klaus Barbie was a member of the German SS and later the head of the Gestapo in Lyon, Occupied France in 1942. He was wanted by the French authorities for charges of crimes against humanity committed during World War II, during which time he earned the nickname the ‘Butcher of Lyon’ in recognition of his notorious interrogation style.
After the war, he was recruited by the Army Counter Intelligence Corps of the United States, which later helped him emigrate to Bolivia. When the French authorities became aware of his residence in Bolivia, an arrest warrant was issued. Bolivia expelled Barbie and, as he was disembarking a plane in French Guyana, he was picked up by French authorities and detained. A crucial question in his case has been the qualification of the crimes with which he is charged: crimes against humanity are not subject to a statute of limitations and may therefore be prosecuted irrespective of how long ago they were committed. By contrast, war crimes are subject to the French statute of limitations of 10 years. The present decision was an appeal by a widow, a victim of Barbie’s who had lost her husband and her son during the war, against a decision of a lower court which held that her application to become a civil party was inadmissible as the she was a victim of war crimes and not crimes against humanity, and thus the 10 year statute of limitations had expired. The Supreme Court of France overturned the decision of the Court of Appeal of Lyon, finding that a crime can simultaneously be qualified as a crime against humanity and a war crime.
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