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Jelisić: The Prosecutor v. Goran Jelisić

Judgment, 14 Dec 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Jelisić was brought before the ICTY for his role in the commission of crimes in the municipality of Brčko (Bosnia and Herzegovina) in 1992. During this time, the Serb forces obtained control over the area and expelled the Croat and Muslim residents from their homes. The non-Serbs were detained in collection centres, such as the Luka camp near the town of Brčko (Bosnia and Herzegovina). Those detained were subjected to inhumane conditions, killings and mistreatments. Jelisić regularly entered the Luka camp and beat, mistreated and often killed the detainees.

Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity.

Trial Chamber I held that the requirements of his guilty plea have been fulfilled and, subsequently, it found Jelisić guilty of all counts of crimes against humanity and war crimes to which he pleaded guilty.

With respect to genocide, Trial Chamber I found that there was insufficient evidence to prove the existence of a special plan to destroy the Muslim group (the special intent element required for the crime of genocide) in Brčko, Bosnia and Herzegovina. Similarly, Trial Chamber I found that even Jelisić himself did not have this special intent. Therefore, he was acquitted of the charge of genocide. 

Jelisić was sentenced to 40 years of imprisonment.


Kupreškić et al.: The Prosecutor v. Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, Vladimir Šantić, also known as “Vlado”

Judgement, 14 Jan 2000, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, Dragan Papić, and Vladimir Šantić were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim population of the village of Ahmići in Bosnia and Herzegovina. In April 1993, the Bosnian Croat forces attacked the village, aiming to remove the Muslim inhabitants through the commission of crimes against them. The attack resulted in the deaths of over a hundred Muslim inhabitants, numerous others were wounded and Muslim houses and mosques were destroyed.

Trial Chamber II was satisfied that the attack on Ahmići was targeting the Muslim civilians with the aim to spread terror among them and assure that they will never return to their homes.

Dragan Papić was acquitted of the charges of persecutions (as a crime against humanity) due to insufficient evidence to sustain that he participated in the attacks.

Trial Chamber II found Zoran Kupreškić, Mirjan Kupreškić, Vlatko Kupreškić, Drago Josipović, and Vladimir Šantić guilty of persecution (as a crime against humanity). Furthermore, Josipović and Šantić were found guilty of murder and inhumane acts (both as crimes against humanity).

Trial Chamber II handed down sentences ranging between 6 and 25 years of imprisonment.


Furundžija: The Prosecutor v. Anto Furundžija

Judgment, 21 Jul 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” (in Nadioci, Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape and other physical and mental suffering. Trial Chamber II found Furundžija guilty of torture and outrages upon personal dignity including rape (as violations of the laws or customs of war). Subsequently, he was sentenced to 10 years of imprisonment.

Furundžija appealed against the judgment of Trial Chamber II, arguing that he was denied the right to a fair trial; that the evidence was insufficient to convict him; that the reliance on evidence of acts that were not charged in the indictment was improper; that the presiding judge should have been disqualified; and that the imposed sentence was excessive. 

The Appeals Chamber, unanimously, dismissed all grounds of appeal of Furundžija and affirmed his sentence of 10 years of imprisonment. 


Doe et al. v. Karadžić: Jane Doe I et al. v. Radovan Karadžić

Judgment, 4 Oct 2000, United States District Court for the Southern District of New York, United States

The complaint against Radovan Karadžić was filed by victims and survivors of the crimes committed in Bosnia during the Bosnian War in 1992-1995. They requested compensation for the suffering they have experienced. The crimes alleged include, but are not limited to rape, murder, beatings, and emotional distress.  

On 4 October 2000, the District Court ordered Radovan Karadžić to pay $4.5 billion in damages to the victims and survivors.


Kasa: The Prosecutor v. Leonardus Kasa

Judgement, 9 May 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters. 

The Accused, Leonardus Kasa, was a member of the pro-autonomy Laksaur militia group. He was brought before the Special Panels for Serious Crimes for having allegedly raped an East Timorese woman. He contended that the relationship was not based on coercion and in any event the Special Panels could not hear his case as it fell outside their jurisdiction, the alleged rape having been committed in West Timor. The Special Panels agreed, finding that under the constitutive instruments of the Panels and the applicable law, there was no jurisdiction to try the case. It would have to be dealt with by an Indonesian court. 


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