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Al Bahlul v. United States of America: Ali Hamza Ahmad Suliman Al Bahlul v. United States of America

Opinion for the Court filed by Circuit Judge Pan, 25 Jul 2023, United States Court of Appeals for the District of Columbia Circuit, United States

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.


Furundžija: The Prosecutor v. Anto Furundžija

Judgment, 10 Dec 1998, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

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. 


Aleksovski: The Prosecutor v. Zlatko Aleksovski

Judgment, 25 Jun 1999, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993.

Trial Chamber I found that the Prosecution did not provide sufficient evidence to support that Aleksovski was responsible for the conditions at the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. Accordingly, Aleksovski was found not guilty of the grave breaches of inhuman treatment and wilfully causing great suffering or serious injury to body or health. 

However, Trial Chamber I found Aleksovski guilty of outrages upon personal dignity (as a violation of the laws or customs of war) for his role in the infliction of violence on the Muslim detainees and for using them as human shields and for trench digging. Aleksovski was sentenced to two and a half years of imprisonment. 


Aleksovski: The Prosecutor v. Zlatko Aleksovski

Judgment, 24 Mar 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Zlatko Aleksovski was brought before the ICTY for his role in the commission of crimes against the detainees of the Kaonik prison in the Lašva Valley area of Bosnia and Herzegovina. During the hostilities between the Bosnian Croat and Bosnian Muslim forces, the facility was used as a detention place for Bosnian Muslims. The detainees were subjected to physical and mental mistreatments. Furthermore, they were used as human shields and for trench digging. Aleksovski was the commander of the Kaonik prison from January 1993 till May 1993. Trial Chamber I found him guilty of outrages upon personal dignity as a violation of the laws or customs of war.

The Appeals Chamber held that Trial Chamber I applied the wrong test for determining the nature of the armed conflict and the status of the protected persons. However, it did not reverse the acquittals on the two counts of grave breaches of the Geneva Conventions.

The Appeals Chamber also agreed with the Prosecution that Trial Chamber I should have found Aleksovski responsible not only for the mistreatments that occurred inside the Kaonik prison but also for those that occurred outside of it. The Appeals Chamber revised the sentence to 7 years of imprisonment.


Kunarac et al.: The Prosecutor v. Dragoljub Kunarac, Radomir Kovač and Zoran Vuković

Judgment, 22 Feb 2001, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

Trial Chamber II found that the acts of the Bosnian Serbs amounted to war crimes and crimes against humanity. It found the three accused responsible for these crimes.

Dragoljub Kunarac was found guilty of crimes against humanity (torture, rape, enslavement), and war crimes (torture and rape) and, subsequently, sentenced to 28 years of imprisonment.

Radomir Kovač was also found guilty of the war crimes of rape and outrages upon personal dignity, as well as the crimes against humanity of enslavement and rape. He was sentenced to 20 years of imprisonment.

Zoran Vuković was found guilty of torture and rape as both war crimes and crimes against humanity. Trial Chamber II sentenced him to 12 years of imprisonment.


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