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Škrobić: Prosecutor’s Office of Bosnia and Herzegovina v. Marko Škrobić

Second Instance Verdict, 22 Apr 2009, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, Bosnia and Herzegovina

On 31 July 1992, in Novo Selo (Kotor Varoš Municipality), Marko Škrobić, as a member of the Kotor Varoš HVO (Croat Defence Council) unit, entered the house of Glamocak family, together with four other armed persons. He ordered Boro Glamocak and his family to leave the house immediately. He also forced Stojko Glamocak, Boro’s father, out of the adjacent building and marched the family into the direction of the village of Ravne. On the way to that village, Marko Škrobić shot Stojko with a pistol, leading to his death.

A Trial Court had found Škrobić guilty of war crimes and sentenced him to 10 years’ imprisonment on 22 October 2008. Both the Defence and Prosecution appealed to this decision.

The Appellate Panel dismissed as unfounded an appeal filed by the Prosecutor’s Office; dismissed appeals filed by the Defence and upheld an appeal filed by the Defence regarding the sentencing. The Panel held that the Trial Court had failed to properly take account of the fact that Škrobić was a married father of two minor children. Therefore, the Panel revised the sentence of Škrobić to nine years’ imprisonment


Stevanovic: The Prosecutor's Office v. Miladin Stevanovic

Appeal Verdict, 9 Nov 2009, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

After the takeover of Srebrenica on 11 July 1995, several thousands of Bosniak men fled and attempted to reach Bosnian territory. Many of them were detained and over one thousand men were brought to a warehouse and executed. It is up to the Court to decide whether 10 men who allegedly were involved in the capturing, detaining and killing of these Bosniaks can be found guilty of genocide.

These men were certainly not the genocide masterminds, but members of a police force. In first instance, the Court acquitted Stevanovic. After hearing several witness statements, it considered Stevanovic’s presence during the transferring of prisoners and their execution unproven and his role in all this to be trivial. According to the Court, when Stevanovic became aware of what was expected of him, he was distinctly unhappy about it and therefore he removed himself from the scene. As such, neither genocidal intent nor his participation in acts of genocide could be proven.

The Prosecutor appealed the decision, arguing that the Court had wrongly considered certain facts (error in fact) and that it had wrongly abstained from labelling certain conduct - namely, Stevanovic's participation in securing the road - as criminal (error in law). However, the Appellate Panel disagreed, dismissed the appeal and affirmed Stevanovic's acquittal.


Nzapali: Public Prosecutor v. Sebastien Nzapali

Judgment, 1 Dec 2009, Supreme Court of the Netherlands, The Netherlands

Sebastien Nzapali, aka “King of Beasts”, was born in 1952 in the Democratic Republic of Congo (DRC). Nzapali was commander of the Garde Civile in 1991 during the regime of President Mobutu Sese Seko in the territory of the DRC (before known as Zaire). During that time, Nzapali gave orders for the arrest of a customs officer working at the port of Matadi, his detention and for his subsequent torture (he was beaten with a whip while he was half-naked).  

After the fall of President Mobutu in 1997, Nzapali fled to the Netherlands. In September 2007, the District Court of ‘s Hertogenbosch sentenced Nzapali to ten years' imprisonment after being found guilty on a range of charges, including self-enrichment and unlawful arrests.


Roy M. Belfast, Jr.: United States of America v. Roy M. Belfast, Jr.

Appeal from the United States District Court for the Southern District of Florida, 15 Jul 2010, United States Court of Appeals, Eleventh Circuit, United States

Mr. Roy M. Belfast, Jr. (“Charles Taylor Jr.”), the first individual to be prosecuted under the Torture Act and the son of Former Liberian President and convicted war criminal Charles Taylor, was arrested and indicted in Florida, U.S., in December 2006 following a joint Immigration and Customs Enforcement (ICE) / Federal Bureau of Investigation (FBI) investigation.

In the indictment, Belfast was charged for his role in numerous acts of torture and other atrocities in Liberia between 1999 and 2003 while he was the commander of the States Anti-Terrorism Unit (ATU). After hearing evidence from multiple witnesses describing the torture that the defendant had subjected them to, a jury convicted him on all counts and he was sentenced to 97 years in prison.

In 2010, he appealed that conviction before the United States Eleventh Circuit, arguing that Congress impermissibly expanded the prohibitions of the Convention Against Torture (CAT) through the Torture Act and that the Torture Act and U.S. firearms Statutes, under which he was convicted, could not apply to acts committed in Liberia before Liberia became a State Party to the CAT.

The Court rejected all of his arguments and upheld the conviction, finding that the U.S. Torture Act validly enacted CAT and he was convicted in line with the Constitution.


Glavaš: Prosecutor's Office of Bosnia and Herzegovina v. Branimir Glavaš

Verdict, 29 Nov 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina

The case of Branimir Glavaš marks the first time that a high-ranking Croatian politician was sentenced for war crimes committed during the Croatian war of independence (1991-1995).

Glavaš has always denied any wrongdoing and he protested his detention and trial in Croatia by going on a 40-day hunger strike in 2006. He considered his case to be politically motivated and Nikica Grzić, his defence attorney, alleged that the trial was based on “political, not legal statements.” Nevertheless, after several appeals, on 2 June 2010, the Croatian Supreme Court sentenced Glavaš to eight years’ imprisonment for the war crimes of murder and torture of civilians. Glavaš attempted to evade sitting out his sentence by fleeing to Bosnia, but to no avail: there, he was arrested as well and the Bosnian courts upheld the verdict issued by their Croatian colleagues.


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