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Mejakić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Željko Mejakić, Momčilo Gruban and Duško Knežević
Second instance verdict, 16 Feb 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
This case revolved around three individuals who were working in prison camps during the armed conflict in the former Yugoslavia in 1992: Željko Mejakić, Chief of Security of Omarska Camp; Momčilo Gruban, leader of one of three guard shifts at Omarska camp;Dušan Fuštar, leader of one of three guard shifts in Keraterm camp; and Duško Kneževic, who held no official position at any of the camps, but who regularly entered the camps at will, assumedly in search of information about the person who had killed his brother during the war. All four men were initially indicted by the International Criminal Tribunal for Yugoslavia for charges of crimes against humanity, including murder, rape, torture and other inhumane acts. However, in 2006, they were transferred to Bosnia and Herzegovina to be tried there.
After the case was separated into two, Fuštar, in his own case, entered into a plea agreement with the prosecution and received a nine year sentence. The other three were still tried together. The Trial Panel found them guilty and sentenced Mejakić to 21 years’ imprisonment, Kneževic to 31 years and Gruban to eleven years. They appealed against their conviction; the Appellate Panel partly granted their appeal, but mostly for insignificant parts, leading to Mejakić’s and Kneževic’s conviction and sentence to be upheld. With regard to Gruban, however, the Appellate Panel found that the first instance verdict did not properly take into consideration the mitigating factors – namely, that Gruban had in several instances helped detained people in order to at least alleviate their suffering – and reduced his sentence to seven years.
Mpambara: Public Prosecutor v. Joseph Mpambara
Judgment, 26 Nov 2013, Hoge Raad (Supreme Court), The Netherlands
Between April and July 1994, as much as 10% of the entire Rwandan civilian population was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.
The accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. Although the Dutch courts deemed themselves without jurisdiction for genocide, Mpambara was initially convicted for torture. The Court of Appeal also found him guilty of war crimes and increased his 20 years' prison sentence to life imprisonment. Mpambara appealed at the Supreme Court, arguing that the previous judgment - especially the use of evidence from witnesses he could not examine and the issuance of a life sentence - was in violation of his fundamental rights (as found in the European Convention on Human Rights, ECHR), namely his rights to a fair trial and to protection against inhumane treatment.
The Supreme Court found the grounds of appeal unfounded, dismissed Mpambara's appeal, and confirmed the Court of Appeals' judgment and sentence.
Barbie: The Prosecutor v. Klaus Barbie
Arrêt, 20 Dec 1985, 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 number of civil parties and associations against a decision of a lower court, which held that proceedings against Barbie could not continue for conduct qualified as war crimes as the 10 year window had elapsed. The Supreme Court of France upheld the applicability of the 10 year statute of limitations to war crimes, but it clarified the difference between conduct which may amount at the same time to war crimes and crimes against humanity. As a result, Barbie’s case was sent back to the lower court so that proceedings could continue against him on charges of crimes against humanity, particularly persecution of innocent Jews as part of the "Final Solution". Crimes committed against resistance fighters were, however, excluded as war crimes.
Pinochet: Regina v. Bartle and the Commissioner of Police for the Metropolis and others ex parte PINOCHET / Regina v. Evans and another and the Commissioner of Police for the Metropolis and others ex parte PINOCHET
Opinions of the Lords of Appeal for Judgement in the Cause, 25 Nov 1998, House of Lords, Great Britain (UK)
On 11 September 1973, General Augusto Pinochet Ugarte assumed power in Chile as a result of a military coup that overthrew the then government of President Allende. Pinochet was the Commander in Chief of the Chilean Army until 1974 when he assumed the title of President of the Republic. His presidency lasted until 1990 and his role as Commander in Chief until 1998. His regime was known for its systematic and widespread violations of human rights, with allegations of murder, torture and hostage taking of political opponents.
In 1998, during a visit to the United Kingdom for medical treatment, Pinochet was arrested by the English authorities with a view to extraditing him to Spain where a Spanish judge had issued an international arrest warrant. His extradition was, however, not to proceed smoothly as Pinochet applied to have the arrest warrant quashed on the grounds that as a former Head of State he enjoyed immunity from criminal proceedings. By a decision of 25 November 1998, the House of Lords in a 3:2 majority held that Pinochet was not entitled to immunity from criminal proceedings and could therefore be extradited.
Tadić: The Prosecutor v. Duško Tadić
Sentencing Judgment after Referral, 11 Nov 1999, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, 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 found him guilty of additional crimes, and remitted the issue on sentencing to a Trial Chamber.
Trial Chamber IIbis considered that Tadić’s awareness of, and enthusiastic support for, the attacks on the non-Serb civilian population of Prijedor were aggravating circumstances. Trial Chamber IIbis found that Tadić’s good behaviour in the United Nations Detention Unit and his personal circumstances were mitigating factors.
Furthermore, Trial Chamber IIbis held that a crime against humanity is more serious than a war crime due to its widespread or systematic scale and the quantity of the crimes.
Tadić was sentenced to 25 years of imprisonment.
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