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Pekez et al.: Prosecutor's Office Bosnia and Herzegovina v. Mirko Pekez, Mirko Pekez and Milorad Savić

Verdict, 29 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were all born in Bosnia and Herzegovina. During the armed conflict in Bosnia and Herzegovina, which began in April 1992 and ended in November 1995, the three of them were members of the Army of Bosnia and Herzegovina (VRS). 

On 10 September 1992, members of the VRS took Bosnian civilians out of their homes in Ljoljići-Čerkazovići located in the municipality of Jajce (central Bosnia and Herzegovina), and subsequently brought them to the nearby village of Draganovac where they were lined up against the edge of an abyss before being shot. Mirko Pekez (son of Mile), Mirko Pekez (son of Špiro), and Milorad Savić were charged for their participation in the killing of 23 and the wounding of four of the Bosnian civilians. On 29 September 2008, the Appellate Panel of Section I for War Crimes of the Court of Bosnia and Herzegovina found Pekez (son of Mile) guilty for the crimes, and ordered a retrial.  


Samardžija: The Prosecutor v. Marko Samardžija

Verdict, 15 Oct 2008, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

Marko Samardžija was the commander of the 3rd Company of the Sanica Battalion within the 17th Light Infantry Brigade. He has been accused of ordering soldiers under his command, on 10 July 1992, that the Bosniak (Muslim) population from the settlements of Brkići and Balagića Brdo (in the Ključ Municipality) leave their houses, after which the men older than 18 and younger than 60 were brought to the primary school in Biljani. From there, the men were murdered in groups of 5 to 10, which led to the deaths of at least 144 Bosniak men.  

On Appeal, the Court found the Accused guilty of Crimes against Humanity for the deprivation of liberty of these men, since they were forcefully moved from their homes and taken to the primary school. The Court did not find him guilty of aiding in the murders, since this was not a clear and obvious consequence of his acts.

Therefore on 15 October 2008, the Appellate Division of the Court of Bosnia and Herzegovina found Marko Samardžija guilty of crimes against humanity (depriving of liberty) and sentenced him to seven years imprisonment. 


Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 21 Oct 2008, Supreme Court of The Netherlands, The Netherlands

In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.

Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.

In the present decision, the Supreme Court of The Netherlands rejected the appeal of the Public Prosecutor against the earlier decision of the Court of Appeal of The Hague. The Supreme Court confirmed that Dutch Courts have no jurisdiction over the crime of genocide allegedly committed by the Accused. This does not, however, bar prosecution of the Accused for war crimes and torture.


Josef Milde: The Prosecutor v. Max Josef Milde

Sentenza, 21 Oct 2008, Supreme Court, Italy


Todorović (Vaso): Prosecutor’s Office of Bosnia and Herzegovina v. Vaso Todorović

Verdict, 22 Oct 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

After the takeover of Srebrenica on 11 July 1995, several thousand Bosniak men fled and attempted to reach Bosnian territory. Many of them were detained and over 1000 men were brought to a warehouse and executed. Vaso Todorović, a former policeman who was involved in capturing and detaining these men and who stood guard as these men were killed, was initially charged with genocide. However, these charges were amended to a charge of crimes against humanity, and Todorović entered into a plea agreement. The Court had to assess whether there was enough evidence for a conviction and whether his plea was credible. After establishing that a widespread or systematic attack against civilians had taken place in Srebrencia, the Court established that Todorović knew about the attack and that his actions should be regarded in the context of the attack. The Court considered proven that Todorović had participated in detaining men in a warehouse, after which he prevented them from escaping their subsequent execution. He was sentenced to six years imprisonment.


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