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Jelisić: The Prosecutor v. Goran Jelisić

Judgment, 5 Jul 2001, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, 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. 

Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity. With respect to genocide, Trial Chamber I found him not guilty due to insufficient evidence to sustain his responsibility. For the crimes to which he pleaded guilty, Trial Chamber I sentenced him to 40 years of imprisonment. Therefore, Trial Chamber I’s acquittal of genocide was appealed by the Prosecutor, and Jelisić was allowed to respond.

The Appeals Chamber allowed the Prosecution’s first two appeals, in which it upheld the argument that Trial Chamber I erred when entered an acquittal without first hearing the Prosecution, and when applied an erroneous legal standard which led it to incorrectly assess the evidence.

The Appeals Chamber was unable to conclude that Jelisić did not possess the special intent required for genocide (the intent to destroy, in whole or in part, a national, ethnical, racial or religious group). However, the Appeals Chamber declined to reverse the acquittal on genocide.

The Appeals Chamber found an error in Trial Chamber I’s finding that Jelisić was guilty of two murders, when in fact he pleaded guilty to only one.

Jelisić’s sentence was affirmed.


Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan

Memorandum Opinion, 4 Oct 2001, United States District Court for the District of Columbia, United States

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA.


Hwang Geum Joo v. Japan: Hwang Geum Joo et al. v. Japan, Minister Yohei Kono, Minister of Foreign Affairs

Opinion of the Court, 27 Jun 2003, United States Court of Appeal, District of Columbia, Unites States of America, United States

Between 1931 and 1945, some 200,000 women were forced into sexual slaverty by the Japenese Army. These women, referred to as “comfort women” were recruited through forcible abductions, deception and coercion. Once captured, they were taken by the Japanese military to “comfort stations”, that is, facilities seized or built by the military near the front lines for express purpose of housing these women. Once there, the women would be repeatedly raped, tortured, beaten, mutilated and sometimes murdered. They were denied proper medical attention, shelter and nutrition.

The present lawsuit was brought by fifteen former “comfort women” against Japan on the basis of the Foreign Sovereign Immunities Act (FSIA). The United States District Court for the District of Columbia dismissed the action on the grounds that Japan enjoyed immunity from proceedings as a sovereign State and the action did not fall within any of the exceptions to immunity enumerated in the FSIA. On appeal, the present decision of the United States Court of Appeals for the District of Columbia Circuit affirmed the decision of the District Court. 


Al Dujail: The Public Prosecutor in the High Iraqi Court et al. v. Saddam Hussein Al Majeed et al.

Judgment, 5 Nov 2006, Iraqi High Tribunal (First Criminal Court), Iraq

In July 1982, a convoy carrying the President of Iraq, Saddam Hussein, was fired upon by unknown individuals as it was visiting the town of Al Dujail. In response to what the President perceived as an assassination attempt but which did not injure anyone, a systematic attack was launched against the residents of Al Dujail as they were fired upon from aircraft and their property was destroyed. A Revolutionary Court sentenced 148 residents to death without trial for their alleged involvement in the assassination attempt. Of those that were hanged, the Tribunal identified a number of children. Countless others died in detention, as a result of torture at the hand of the Investigation Services, or from malnutrition, lack of access to medical care and poor hygienic conditions.

The present decision of the Iraqi High Tribunal convicted seven of the indicted defendants for crimes against humanity in connection with the attack on Al Dujail. Most notably, Saddam Hussein himself was convicted and sentenced to death by hanging along with his brother, Barazan Ibrahim, the head of the Intelligence Services. 


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.   


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