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Germany v. Mantelli: Federal Republic of Germany v. Mantelli et al.
Ordinanza, 29 May 2008, Supreme Court of Cassation, Italy
Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 10 Jul 2008, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
On 12 August 2001, a group of armed individuals under the leadership of Johan Tarčulovski entered the village of Ljuboten in the Former Yugoslav Republic of Macedonia (FYROM). The men targeted ethnic Albanians through shootings, setting houses on fire and mistreating the captured people. During this time, Ljube Boškoski was the Minister of Interior of FYROM.
Trial Chamber II examined the incidents at Ljuboten and other locations. It concluded with respect to Boškoski that he knew that crimes were being committed in and around Ljuboten, and since he reported the incidents to the authorities that should have investigated these allegations, fulfilled his obligations to take steps to punish those who were responsible. Accordingly, he cannot be held guilty on any of the charges.
Tarculovski, on the other hand, was actively participating in the events of 12 August 2001. He was the leader of the operation and participant in the events. Therefore, Trial Chamber II found him guilty for the war crimes of murder, wanton destruction and cruel treatment. He was sentenced to 12 years of imprisonment.
Vuković: Prosecutor's Office of Bosnia and Herzegovina v. Radmilo Vuković aka Rade
Verdict, 13 Aug 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Radmilo Vuković was born on 28 July 1952 in the village of Rataje located in the municipality of Foča, southeastern Bosnia and Herzegovina. In his capacity as member of the military forces of the so-called Serb Republic of Bosnia and Herzegovina, also known as “Republika Srpska”, Vuković allegedly had sexual intercourse with a woman from the Foča municipality without her consent. On 13 August 2008, the Appeals Panel of the War Crimes section of the Court of Bosnia and Herzegovina did not find Vuković guilty, because the main piece of evidence provided by the victim and presented before the Appellate Panel contained inconsistencies. Therefore, it could not be established beyond reasonable doubt that Vuković raped the woman.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum and Opinion, 27 Aug 2008, United States District Court for the District of Columbia, United States
Several villagers from Aceh, Indonesia, filed a civil suit against oil and gas company Exxon Mobil. They argued that the company carried responsibility for human rights violations committed by Indonesian security forces by hiring these forces and because Exxon Mobil knew or should have known that human rights violations were being committed.
In this phase of the proceedings, the defendants requested the Court to grant a summary judgment and thereby to dismiss the claims before a trial would be held. The Court denied this request, stating that in this phase of the proceedings, the plaintiffs had presented sufficient evidence to support their allegations and for the proceedings to continue. The Court considered that the plaintiffs had made it likely that the Indonesian security forces had maltreated them and that Exxon Mobil was responsible for this. One of Exxon’s companies, EMOI, had controlled and paid the forces and according to the Court, EMOI should have foreseen that violence would take place.
Delić: Prosecutor v. Rasim Delić (TC)
Judgment (public), 15 Sep 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
In 1992, the so-called Mujahedin forces joined the military struggle of the Army of Bosnia and Herzegovina against the Serbian forces. During three incidents between 1993 and 1995, the Mujahedin forces maltreated and killed both civilians and soldiers of the adversaries.
Trial Chamber I found that these acts amounted to war crimes in the meaning of Article 3 of the ICTY Statute.
When considering whether Rasim Delić could be held responsible for failing to prevent and punish these crimes, the Chamber found that he was guilty only with respect to the cruel treatment of captured Serb soldiers during the Livade incident. It found Delić not guilty with respect to the incident of Bikoši due to the lack of superior-subordinate relationship between those who committed the crimes and Delic. Responsibility for the last incident – in Kesten – was also rejected due to Delić's lack of reason to know that the crimes were about to be committed.
Delić received a sentence of three years of imprisonment.
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