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Ochoa Lizarbe v. Hurtado: Teófila Ochoa Lizarbe et al v. Telmo Ricardo Hurtado Hurtado
Final Judgment, 4 Mar 2008, United States District Court Southern District of Florida, Miami Division, United States
On 14 August 1985, 60 women, children and elderly men were killed in the highlands village of Accomarca in Peru’s southern Andean region of Ayacucho. This massacre is known as the Accomarca Massacre.
The plaintiffs brought a complaint against Telmo Ricardo Hurtado Hurtado (Second Lieutenant (Subteniente) in the Peruvian Army) who was responsible for the command of the soldiers that committed the killings. The plaintiffs sought justice on behalf of all the members of the Asociación de Familiares Afectados por la Violencia Política del Distrito de Accomarca (Association of Relatives of the Victims of Political Violence in Accomarca) who lost relatives in the massacre. Hurtado was found guilty for the crimes committed in connection with the Accomarca Massacre.
On 4 March 2008, the District Court for the Southern District of Florida ordered Hurtado to pay $37 million in damages to the plaintiffs.
Kouwenhoven: The Public Prosecutor v. Guus Kouwenhoven
Judgment, 10 Mar 2008, Court of Appeal of The Hague, The Netherlands
During the Second Liberian Civil War (1999-2003), Dutch businessman Guus Kouwenhoven owned the Royal Timber Corporation and had an important position in the Oriental Timber Cooperation. Corporations like Kouwenhoven’s were an important source of income for the regime of Charles Taylor, and a close financial relationship developed between Taylor and Kouwenhoven.
On 7 June 2006, the Dutch Public Prosecutor charged Kouwenhoven with war crimes and with violation of the national regulation which implemented international prohibitions of supplying weapons to Liberia. Although the Court of First Instance found him guilty of arms smuggling (but quashed the war crimes charges), the Court of Appeal later found that he could not be convicted for any of the charges due to lack of evidence.
United States of America v. Mohamed Abdullah Warsame
Memorandum Opinion and Order Denying Motion to Dismiss Counts 1 and 2 of the Superseding Indictment, 12 Mar 2008, United States District Court for the District of Minnesota, United States, United States
Warsame, a Canadian citizen, travelled to Afghanistan and Pakistan to attend Al-Qaeda training camps. On his return to Canada, he sent money to representatives of Al-Qaeda. The U.S. alleged that by attending the Al-Qaeda training camp and sending money, Warsame provided material support and resources to a Foreign Terrorist Organization (FTO). Warsame claimed that the provisions on the basis of which he was charged violated the U.S. Constitution’s right to freedom of association because it criminalized his mere association with an organization. The court rejected this claim, finding that the statute did not impose “guilt by association,” but rather guilt by conduct that amounted to providing support or resources.
The court also held the statute did not violate Warsame’s constitutional rights to due process and to a jury determination on each essential element of the offense.
Ostojić: Prosecutor's Office of Bosnia and Herzegovina v. Jovan Ostojić
Indictment, 12 Mar 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
The accused Jovan Ostojić is suspected of having committed crimes against humanity, war crimes against civilians and war crimes against prisoners of war in the period between 14 July 1992 and 31 December 1992 in the so-called Serb Municipality of Bosanska Krupa.
He was acquitted of all charges together with Gojko Kličković and Mladen Darljača on 5 November 2010.
Seromba: The Prosecutor v. Athanase Seromba
Judgement, 12 Mar 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted the Accused of aiding and abetting genocide and crimes against humanity against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.
Both the Accused and the Prosecution appealed the Trial judgment. On 12 March 2008, the Appeals Chamber overturned the conviction of the Accused for aiding and abetting genocide and extermination as a crime against humanity and substituted convictions for committing genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange Parish causing the death of approximately 1,500-2,000 Tutsi refugees sheltering inside. The Chamber increased Seromba's sentence to life imprisonment.
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