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Kalimanzira: The Prosecutor v. Callixte Kalimanzira

Judgement, 22 Jun 2009, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

Callixte Kalimanzira was the Minister of Interior during the genocide in Rwanda.

In its judgment of 22 June 2009, the Trial Chamber of the ICTR noted that, on 23 April 1994, Kalimanzira went to Kabuye hill in Butare prefecture with soldiers and policemen, where thousands of Tutsi refugees were attacked and killed. The Accused’s role in luring Tutsis to Kabuye hill and his subsequent assistance in providing armed reinforcement substantially contributed to the overall attack. Therefore, the Chamber found the Accused guilty of aiding and abetting genocide at Kabuye hill. The Chamber further found him guilty of direct and public incitement to commit genocide on several occasions, including at the Jaguar roadblock, the Kajyanama roadblock, and the Nyabisagara football field on different dates in April 1994, and at the Gisagara marketplace at the end of May 1994.

The Trial Chamber sentenced the Accused to 30 years imprisonment.   


Ivanković: Prosecutor's Office of Bosnia and Herzegovina v. Damir Ivanković, a.k.a. "Dado"

Verdict, 2 Jul 2009, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Damir Ivanković was born on 26 June 1970 in Prijedor. In 1992, he was a member of the Prijedor police station and the police intervention platoon from Prijedor. He pleaded guilty of escorting a convoy consisting of at least 16 buses, tractor-trailers, trucks and truck-trailers carrying more than 1,200 predominantly Muslim and some Croat civilian, who were detained at the Bosnian Serb-run Trnopolje concentration camp. Ivanković further admitted that when the convoy reached Mount Vlašić, he and other members of the police intervention platoon and the Prijedor police separated more than 200 men. They subsequently boarded them on two buses and brought them to a location called Korićanske stijene on Mount Vlašić, an area where there is a sheer rock face on one side of the road and a steep cliff on the other. There, Ivanković and the others ordered the men of the first bus to kneel on the very edge of the road above the cliff and subsequently fired at them. Some of the men jumped into the abyss hoping that they would survive. The men from the second bus were executed in groups of three. Thereafter, the accused threw hand grenades from the top of the precipice, and opened fire at the dead bodies and at those who jumped. In total, more than 200 men were killed and only 12 survived.

Ivanković was sentenced to 14 years in prison.


Lazarević et al.: Prosecutor’s Office of Bosnia and Herzegovina v. Sreten Lazarević, Dragan Stanojević a/k/a Janjié , Mile Marković a/k/a Cigo and Slobodan Ostojić

Decision , 21 Aug 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina


Bil'in v. Green Park: Bil'in v. Green Park International and Green Mount International

Judgment, 18 Sep 2009, Québec Superior Court, Canada

The heirs of a Palestinian landowner and the council of a Palestinian town sue two Canadian companies in Québec, claiming that by carrying out Israeli construction orders, they are assisting Israel in war crimes.

The Superior Court of Québec dismissed the claim, stating that the Israeli High Court of Justice would be a more suitable place to argue this case. Still, the judge did recognise that a person committing a war crime could be liable under civil law, for example a person who ‘knowingly participates in a foreign country in the unlawful transfer by an occupying power of a portion of its own civilian population into the territory it occupies’.


Trbic: Prosecutor’s Office of Bosnia and Herzegovina v. Milorad Trbic

First Instance Verdict, 16 Oct 2009, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina

In the conflict in the former Yugoslavia, Milorad Trbic was a deputy chief of the Zvornik Brigade of the Army of the Republika Srpska. He participated in the genocide of Bosniak men in Srebrenica in July 1995 by. He did this by, among other things, firing automatic rifles at them during executions, and supervising and coordinating the detention and execution of Bosniak men at various sites in the area around the city of Zvornik.

Milorad Trbic was first indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY). On 27 April 2007, the case was referred the Court of Bosnia and Herzegovina for further processing, pursuant to Rule 11bis of the Tribunal’s Rules of Procedure and Evidence, taking into consideration the gravity of the crimes charged and the level of responsibility of the accused, and the standard of procedure in the country to where the case is referred. 

On 16 October 2009, the Court of Bosnia and Herzegovina found Trbic guilty of genocide committed in the Srebrenica area in July 1995, through his participation in a joint criminal enterprise (JCE). For criminal responsibility to arise via participation in a JCE there had to be a consistent and core group of actors with a common plan or purpose to commit a crime, with the accused to both intend and participate in the commission of that crime. The Court held that this was the case with Milorad Trbic. He was sentenced to 30 years in prison. 


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