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Palija: Prosecutor's Office of Bosnia and Herzegovina v. Jadranko Palija
Second instance verdict, 24 Apr 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Jadranko Palija, a former member of the Serbian army, was accused of having committed war crimes against civilians and crimes against humanity during the armed conflict in the former Yugoslavia. The indictment against him accused him of participation in 19 murders and some counts of intimidation and rape committed against Bosniak and Croatian civilians. On 28 November 2007, Palija was found guilty on all charges by the Court of Bosnia and Herzegovina and sentenced to 28 years in prison. He appealed against his conviction, but this did not help him: on 24 April 2008, the Appellate Panel of the Court ruled that the Trial Panel had been correct in both its analysis of the facts and the application of the law. Therefore, the conviction and prison sentence were both confirmed.
Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović
Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.
El Hage et al.: United States of America v. Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-’Owhali, Wadih El Hage
Appeals Decision, 24 Nov 2008, Court of Appeals for the Second Circuit, Unites States of America, United States
Wadih El-Hage, 40, is a naturalised American citizen who was born in Lebanon. He was Osama bin Laden's personal secretary. He was accused of being the key organiser of the Kenya cell and of setting up front companies in Kenya for Al Qaeda. He left Kenya almost a year before the bombings, after being questioned by the FBI in Africa. At the time of the bombings, he was living in Arlington, Texas, with his wife, April, and seven children. El Hage claimed he only worked for bin Laden in legitimate businesses and had no contact with him since 1994. El Hage was charged with conspiracy to murder Americans.
On 29 May 2001, El Hage was convicted for conspiracy to kill United States officers and employees engaging in official duties and conspiracy to destroy buildings and property of the United States. In addition, he was found guilty of giving false statements to a federal jury (perjury). On the basis of this conviction, El Hage was sentenced to life in prison without the possibility of being released.
On 24 November 2008, the Court of Appeals affirmed the conviction of El Hage and returned the judgment for reconsideration of the sentence because the District Court made procedural errors. El Hage was sentenced again to life imprisonment.
John Doe v. Exxon Mobil: John Doe et al. v. Exxon Mobil Corporation et al.
Memorandum Opinion, 30 Sep 2009, 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 dismiss the case, most importantly because they argued that the plaintiffs, being non-residents, could not sue in a US Court. The Court agreed with the defendants, stating that no exception should be made in this case to the general rule that non-residents cannot sue in a US court.
Doe et al. v. Constant: Jane Doe I, Jane Doe II, Jane Doe III v. Emmanuel Constant, a/k/a Toto Constant
Summary Order, 1 Dec 2009, United States Court of Appeals for the Second Circuit, United States
Emmanuel Constant was born on 27 October 1956 in Haiti. He was the founder of the Revolutionary Front for the Advancement and Progress of Haiti (FRAPH), a death squad that terrorised supporters of Haitian president Jean-Bertrand Aristide who was overthrown in September 1991. Members of the FRAPH killed, put in prison, and abused supporters of President Jean-Bertrand Aristide during the military regime that ruled Haiti between September 1991 and October 1994. Constant, as the leader of FRAPH, was convicted and found guilty for crimes committed during the military regime. He was ordered to pay $19 million in damages to three women who survived the crimes committed under Constant’s control.
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