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Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven

Judgment, 10 Mar 2008, Court of Appeal of The Hague, The Netherlands

During the Second Liberian Civil War (1999-2003), Dutch businessman Guus Kouwenhoven owned the Royal Timber Corporation and had an important position in the Oriental Timber Cooperation. Corporations like Kouwenhoven’s were an important source of income for the regime of Charles Taylor, and a close financial relationship developed between Taylor and Kouwenhoven.

On 7 June 2006, the Dutch Public Prosecutor charged Kouwenhoven with war crimes and with violation of the national regulation which implemented international prohibitions of supplying weapons to Liberia. Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence.


Tanasković: Prosecutor’s Office of Bosnia and Herzegovina v. Nenad Tanasković

Verdict, 26 Mar 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina

During the war in Bosnia and Herzegovina, Nenand Tanasković was a reserve police officer in Višegrad, where Serbs were conducting a widespread and systematic attack against the Muslim citizens of this municipality. The Trial Panel at the Court of Bosnia and Herzegovina sentenced him to twelve years of imprisonment for his role in this attack. Tanasković brought forward several grounds for appeal, for example stating that his sentence was solely based on testimonies of (unreliable) witnesses. Also, he argued that the Criminal Code of Bosnia and Herzegovina should not be applied to him, as this Code did not exist in 1992, when the attack took place. The Appellate Panel stated that the Trial Panel had been accurate in assessing the evidence and establishing the facts. Also, it stated that the Criminal Code could be applied, as international law, which was applicable in 1992, also prohibits crimes against humanity.

The Trial Panel had blamed Tanasković for not showing remorse during the trial. The Appellate Panel considered this to be unfair. Showing remorse could be seen as a plea of guilt, the Appellate Panel reasoned, and nobody is obliged to plead guilty. The sentence was modified to eight years of imprisonment.


Josef Milde: The Prosecutor v. Max Josef Milde

Sentenza, 21 Oct 2008, Supreme Court, Italy


John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.

Memorandum Opinion, 30 Sep 2009, United States District Court for the District of Columbia, United States

Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.

In this phase of the proceedings, the defendants requested the Court to dismiss the case, most importantly because they argued that the plaintiffs, being non-residents, could not sue in a US Court. The Court agreed with the defendants, stating that no exception should be made in this case to the general rule that non-residents cannot sue in a US court.    


Božić et al.: Prosecutor's Office of Bosnia and Herzegovina v. Zdravko Božić et al.

Verdict, 5 Oct 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

In this second-instance verdict, the Appellate Division upheld the first-instance verdict and found the accused Mladen Blagojević guilty of crimes against humanity. The Division sentenced him to seven years of  imprisonment. The other three accused, Zdravko Božić, Zoran Živanović and Željko Zarić, were acquitted.


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