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Bektašević et al.: Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, Senad Hasanović

Verdict (in Appeal), 21 May 2007, Court of Bosnia and Herzegovina (Section II, Panel of the Appellate Division), Bosnia and Herzegovina

Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, and Senad Hasanović were indicted in 2005 on charges of terrorism for their intended commission of terrorist acts in order to coerce the Bosnian government or other European governments to withdraw their forces from Iraq and Afghanistan.

The Court of Bosnia and Herzegovina found the accused guilty with respect to both terrorism and the attempted obstruction of an official person. The sentences handed down ranged between 15 years 4 months and 6 months.

The Second Instance Court upheld the appeals of the accused in part, modifying the sentences imposed. The reason for this modification was the errors made by the First Instance Court in weighting and balancing the mitigating and aggravating factors as well as the taking into consideration factors that pertained to the substantial analysis of the offence (and therefore should not have been considered in the sentencing phase). Accordingly, the Appellate Panel modified this judgement, sentencing Bektaševic to 8 years 4 months, Cesur to 6 years 6 months, Ikanović to 4 years and Hasanović to 6 months.


Al-Skeini and others: Al-Skeini and others (Respondents) v. Secretary of State for Defence (Appellant); Al Skeini and others (Appellants) v. Secretary of State for Defence (Respondent) (Consolidated Appeals)

Opinions of the Lords of Appeal for Judgment in the Cause, 13 Jun 2007, House of Lords, Great Britain (UK)

The applicants were relatives of six Iraqi nationals who were killed by the British forces in Iraq in 2003. The applicants brought a claim against the Secretary of State because he refused to investigate the deaths and to provide redress to them as relatives of the deceased Iraqi’s. Their claim was dismissed on 13 June 2007 by the House of Lords. In dismissing the case, the House of Lords held that the crimes were committed outside the UK’s territory, and therefore, the Court did not have power to adjudicate (jurisdiction).


Damjanović (Dragan): Prosecutor's Office of Bosnia and Herzegovina v. Dragan Damjanović

Verdict, 13 Jun 2007, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Dragan Damjanović, born in Sarajevo on 23 November 1961, was an ethnic Serb citizen of Bosnia-Herzegovina. Damjanović was a member of the Republika Srpska Army, and was accused and found guilty of crimes against humanity (murder, enforced disappearance, and sexual crimes amongst others) committed in Vogošća municipality between July 1992 and January 1993. The Court of Bosnia and Herzegovina sentenced him to 20 years imprisonment to be served in fully closed prisons under strict control.


Damjanović (Goran and Zoran): Prosecutor’s Office of Bosnia and Herzegovina v. Goran and Zoran Damjanović

Verdict, 18 Jun 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina

During the conflict in Bosnia and Herzegovina, after the Serb Army overran a Bosniak settlement on 2 June 1992, two brothers took part in beating a group of approximately 20 to 30 Bosniak men. The Court convicted them for war crimes against civilians. As some of the victims were injured, and all of them had surrendered, when the brother started their onslaught, they had attained the status of civilian under international humanitarian law. The Court heavily relied on witness statements to establish that the brothers had intentionally targeted Bosniaks, in the context of the armed conflict, and that they had intentionally inflicted severe pain on them. Zoran Damjanović was sentenced to 10 years and 6 months of imprisonment. Goran Damjanović was sentenced to 12 years of imprisonment, as he was also convicted for illegal manufacturing and trade of weapons or explosive materials.   


Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Judgment, 20 Jun 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone

Following the coup by members of the Revolutionary United Forces in Sierra Leone, the democratically elected government of President Kabbah was replaced by a military junta headed by the Armed Forces Revolutionary Council (AFRC) in 1997.

The Accused, Brima, Kamara and Kanu, were leading members of the fighting forces of the AFRC throughout the armed conflict until the hostilities ended with the Lomé Peace Accord in July 1999. Trial Chamber II of the Special Court for Sierra Leone found all three Accused responsible for ordering, committing, planning the crimes perpetrated by AFRC forces against civilians, including murder, rape, enslavement, collective punishment, mutilation, burning of civilian property and use of child soldiers in the hostilities. The Accused were also liable as the superiors in charge of AFRC forces for failing to prevent the rapes committed by their subordinates. 


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