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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.


Ostojić: Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić

Indictment, 12 Mar 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.

He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.


Palija: Prosecutor's Office of Bosnia and Herzegovina v. Jadranko Palija

Second instance verdict, 24 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Jadranko Palija, a former member of the Serbian army, was accused of having committed war crimes against civilians and crimes against humanity during the armed conflict in the former Yugoslavia. The indictment against him accused him of participation in 19 murders and some counts of intimidation and rape committed against Bosniak and Croatian civilians. On 28 November 2007, Palija was found guilty on all charges by the Court of Bosnia and Herzegovina and sentenced to 28 years in prison. He appealed against his conviction, but this did not help him: on 24 April 2008, the Appellate Panel of the Court ruled that the Trial Panel had been correct in both its analysis of the facts and the application of the law. Therefore, the conviction and prison sentence were both confirmed.


Ljubičić: Prosecutor's Office of Bosnia and Herzegovina v. Paško Ljubičić

Verdict, 29 Apr 2008, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

On 29 April 2008, the Court of Bosnia and Herzegovina’s (BiH) first instance panel issued its verdict in the case against Paško Ljubičić, also known as Toni Raić, as he called himself after the war in the former Yugoslavia. Ljubičić was initially indicted for crimes against humanity, war crimes, and other grave violations of the laws of war, allegedly committed by himself and by Croatian military police forces under his command in 1993, during the war in BiH. However, following a plea agreement, the charges were reduced to include only war crimes against civilians. Ljubičić signed the plea agreement, which the Court accepted. He was sentenced to ten years’ imprisonment.


Arar v. Ashcroft: Maher Arar v. John Ashcroft et al.

Appeals Judgment, 30 Jun 2008, United States Court of Appeals for the Second Circuit, United States

In one of the first suits filed before the US courts challenging the US practice of 'extraordinary rendition', Syrian-born Canadian national Maher Arar lodged a complaint in January 2004 arguing that his civil rights had been violated. In 2002, Arar was detained by immigration officials at a New York airport while travelling home to Canada from Tunisia. Following a period of solitary confinement, Arar was deported to Syria where he was allegedly tortured before making false admissions of terrorist activity.

On 16 February 2006, the US District Court dismissed Arar’s claims, finding that national security and foreign policy considerations prevented the Court from holding US officials liable, even if the ‘extraordinary rendition’ violated international treaty obligations or customary law. 

The US District Court of Appeals for the Second Circuit affirmed the judgment of the District Court. It held that adjudicating Arar’s claims would interfere with national security and foreign policy. In his partial dissent, Judge Sack found that this provides federal officials with licence to “violate constitutional rights with virtual impunity”. The Court of Appeals also found that as a foreign national, Arar had no constitutional due process rights.


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