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Ramalingam/Liberation Tigers of Tamil Eelam (LTTE): The Prosecutor v. Ramalingam/Liberation Tigers of Tamil Eelam (LTTE)

Judgment, 21 Oct 2011, District Court of The Hague, The Netherlands

The Liberation Tigers of Tamil Elam (LTTE) was founded in 1976 in response to the growing feeling amongst the Tamil minority in Sri Lanka during the 1960s and 1970s that they were discriminated against by the Singhalese majority. Ultimately, a comflict ensued that developed into a guerilla war opposing the LTTE to the Singhalese with the objective of attaining independence for the Tamil minority.

The present case concerns one of five ethnic Tamils, all naturalised Dutch citizens, charged by the Public Prosecutor of membership in the LTTE and having funded its activities from The Netherlands. In the course of the trial before the District Court of The Hague, the court found that the defendant was a leader of the Tamil Coordinating Committee in The Netherlands, and therefore a member of the LTTE itself. The defendant had undertaken various fundraising activities through the sale of lottery tickets, collecting donations at meetings and extorting money from Tamils living in The Netherlands. Having identified the LTTE as a criminal organisation, in line with US, Indian, EU and Canadian policy, the Court convicted the defendant of membership in and participating in the LTTE and sentenced him to 5 years’ imprisonment. 


Samantar: Bashe Abdi Yousuf et al. v. Mohamed Ali Samantar

Memorandum Opinion, 28 Aug 2012, District Court for the Eastern District of Virginia (Alexandria Division), United States

Under the authoritarian regime of Major General Barre in Somalia, the Somali Armed Forces perpetrated a number of human rights abuses against the Somali civilian population, in particular against members of the Isaaq clan.

The petitioners, all members of the Isaaq clan, allege that in the 1980s and 1990s they suffered ill-treatment at the hands of the Somali military including acts of rape, torture, arbitrary arrest and detention. They instituted a civil complaint against Mohamed Ali Samantar, the then-Minister of Defence and later Prime Minister of Somalia on the basis of the Torture Victims Protection Act.

After a line of litigation spanning 3 years and culminating in a Supreme Court decision in 2010, proceedings against Samantar were allowed to continue as he did not enjoy immunity.

Samantar accepted responsibility in February 2012; the present decision by the District Court for the Eastern District of Virginia held Samantar liable as a superior for the crimes perpetrated by his subordinates in the Somali Armed Forces and the affiliated national intelligence services against the plaintiffs who were awarded $21 million in damages. 


Handžić and Dautović : Prosecutor's Office of Bosnia and Herzegovina v. Enes Handžić and Senad Dautović

Indictment, 7 Dec 2007, Court of Bosnia and Herzegovina, Special Department for War Crimes, Bosnia and Herzegovina

Both accused, Enes Handžić and Senad Dautović, were found guilty of war crimes against humanity for their participation in the unlawful transport of civilians to camps, forced labour, inhumane treatments and murders, together with the civilian authorities of the Bugojno Municipality and the military units of the Army of BiH.

The case of Senad Dautović is currently on appeal.


Hrkač: Prosecutor's Office of Bosnia and Herzegovina v. Ivan Hrkač a/k/a Čikota

Indictment, 27 Dec 2007, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

The accused Ivan Hrkač is suspected of committing war crimes against prisoners of war and war crimes against civilians during the armed conflict between the HVO and the Army of the Republic of Bosnia and Herzegovina in 1993.

At the present moment, Ivan Hrkač is beyond the reach of the judicial authorities.


Hodžić : Prosecutor's Office of Bosnia and Herzegovina v. Ferid Hodžić

Verdict, 19 May 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

In the present case, the Court refused the appeals filed by both the Prosecutor’s Office and the aggrieved party Anđa Obradović and upheld the first instance verdict of 29 June 2009. In this verdict, the accused Ferid Hodžić was acquitted of the charges for war crimes against civilians and prisoners of war in the period between May 1992 and 26 January 1993 taking place in the municipality of Vlasenica.


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