Search results

In August 1995, the Croatian forces conducted a rapid offensive attack against the Krajina region which had the purpose of removing ethnic Serbs, and make the region suitable for Croats instead. Both Gotovina and Markač were in a high military position that controlled the operation in Krajina.

The Chamber found that both Gotovina and Markač participated in a joint criminal enterprise, which aimed at the removal of Serbs from Krajina. Their rank and position allowed them control over the conduct of the military personnel, and they were aware of the criminal behavior that occurred in Krajina, as well as the underlying common purpose.

The Chamber found them guilty; General Gotovina received a 24 year sentence, while Markač was sentenced to 18 years’ imprisonment. The Chamber acquitted Čermak, because it found that he did not have control over the acts of the military, and there was insufficient evidence to establish that he knew that his conduct in Knin was intended to further the goal of repopulating Krajina with Croats.

Mathieu Ngudjolo Chui was charged with crimes against humanity (crimes committed on a widespread basis and directed against civilians) and war crimes (prohibited acts committed during war) that occurred during the attack against the Bogoro village on 24 February 2003. In particular, the Accused was suspected of killing, training and using children to support his military activities, destroying houses, and attacking the inhabitants of the Bogoro village. These crimes were allegedly committed by the accused together with Germain Katanga and other persons.

Regarding of the use of children, the Trial Chamber stated that these were often present in military groups in Ituri. However, it was not proven that the accused himself trained or involved children under the age of fifteen in war activities.

In addition, it was not proven that the accused was a commander of Lendu group in February 2003. Therefore, he was released. Nevertheless, regardless of the acquittal of the accused, the Trial Chamber emphasised that the acquittal does not mean that crimes were not committed on 24 February 2003 and that the victims did not suffer damages. 

The Prosecutor v Mathieu Ngudjolo case is the second judgment issued by the ICC, and its first acquittal.

The case of The Prosecutor v. Ahmad Al Faqi Al Mahdi, adjudicated by the International Criminal Court (ICC), represents a landmark legal proceeding focused on the protection of cultural heritage during armed conflict. Ahmad Al Faqi Al Mahdi, an Islamist militant, was charged with the war crime of deliberately attacking historic and religious monuments in Timbuktu, Mali, in 2012. These sites, revered for their historical and cultural significance, were targeted during a period of armed conflict in the region. 

Al Mahdi's case is notable for several reasons. Firstly, it was one of the first instances where an individual was prosecuted at the ICC solely for the destruction of cultural heritage. This underscored the increasing international recognition of the importance of preserving cultural history amidst armed conflicts. Secondly, Al Mahdi's admission of guilt – a rare occurrence in international criminal law – expedited the legal proceedings and highlighted the potential for reconciliation and acknowledgment of wrongdoing in such contexts. 

Ultimately, Al Mahdi was convicted under Articles 8(2)(e)(iv) and 25(3)(a) of the Rome Statute and was sentenced to nine years in prison. His conviction served as a significant precedent, reinforcing the message that the intentional destruction of cultural heritage is a serious crime under international law and will not be tolerated.

Al Bahlul is a Yemeni national that has been imprisoned at the United States Detention Camp at the Guantanamo Bay Naval Base, Cuba, since 2002. After over a decade of legal proceedings related to his role as a media and propaganda secretary in al Qaeda and his involvement in the 2000 Bombing of U.S.S. Cole and the 9/11 Attacks on the World Trade Center in New York, USA, the D.C. Circuit Court rejected his appeal for resentencing and upheld his life sentence.

While Al Bahlul’s legal team argued that the lower courts and the Military Commission failed to adequately reconsider his sentencing after his initial 2008 convictions were appealed and evidence of potential torture was introduced, the D.C. Circuit disagreed. It held that the CMCR adequately considered the appropriate sentence for the conspiracy conviction and that evidence on the grounds of torture was inadmissible because regulations on admissible evidence were stricter at the time of Bahlul’s original sentencing and he should have made that claim in the previous decade of appeals.

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” in Nadioci (Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape, physical and mental suffering.

Trial Chamber II was satisfied that the elements of the war crime of torture have been fulfilled and it found Furundžija guilty of this crime as a co-perpetrator. Furthermore, Furundžija was also found guilty of aiding and abetting the war crime of outrages upon personal dignity, including rape. Although Furundžija did not personally commit the crime, his presence and actions aided and abetted the commission of rape. 

Furundžija was sentenced to 10 years of imprisonment.