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Demjanjuk: State of Israel v. Ivan (John) Demjanjuk

Decision on Petitions Concerning Ivan (John) Demjanjuk, 18 Aug 1993, Supreme Court of Israel, Israel

The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas.

John Demjanjuk, a Ukrainian national and a retired auto-worker residing in the United States, was extradited to Israel to stand trial for war crimes and crimes against humanity allegedly committed by him during his time as a guard at the concentration camp Treblinka, Poland. He was convicted by the District Court of Jerusalem and then acquitted by the Supreme Court of Israel on the grounds of mistaken identity. The Court found that although the evidence established that Demjanjuk was a Wachtman – an individual trained at a Russian camp to assist the Germans - there was a reasonable doubt that he was Ivan the Terrible, the notorious guard at Treblinka responsible for a number of crimes.

The present decision is a petition by 10 civil parties for new trial proceedings to be brought against Demjanjuk on the basis of his involvement not with the Treblinka camp, but with the camp at Sobibor. The Supreme Court dismissed the petition finding that new proceedings might violate the rule on double jeopardy, which prohibits individuals being judged twice for the same conduct. 


Erdemović: The Prosecutor v. Dražen Erdemović

Judgment (in Appeal), 7 Oct 1997, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to the count of murder as a crime against humanity. Trial Chamber I sentenced him to 10 years of imprisonment.

The Appeals Chamber rejected Erdemović’s grounds in which he asked for his acquittal or in the alternative, for the revision of his sentence. 

The Appeals Chamber, acting on its own initiative, found that duress does not afford a complete defence to a soldier who is charged with a crime against humanity and/or a war crime. Therefore, the guilty plea of Erdemović was not equivocal. Furthermore, the Appeals Chamber found that the guilty plea was also not informed. For these reasons, the Appeals Chamber decided that the case must be remitted to a Trial Chamber and Erdemović be allowed to replead in full awareness of the nature of the charges against him and the consequences of such a plea.


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. 


Sawoniuk: United Kingdom v. Sawoniuk

Judgment, 10 Feb 2000, Court of Appeal (Criminal Division), Great Britain (UK)

Anthony Sawoniuk was born in what is now Belarus, and was a convicted Nazi collaborator who took part in the murder of Jews during WWII. Sawoniuk later moved to the United Kingdom where he became a British citizen, this is why the War Crimes Act could be applied to his case. In the UK Sawoniuk lived freely until his name was found on a KGB list of war criminals in 1993.

After being put on trial for war crimes (murder) against Jews in Domachevo, Sawoniuk was found guilty by a jury in the Old Bailey on two charges and sentenced to life in prison. Sawoniuk appealed this judgment, arguing that the trial contained errors in law, and was therefore not a fair trial. It was mostly asserted, for several reasons, that the two eyewitnesses that were the primary evidence for his conviction were not truthful, and hence that the trial was based on unreliable and insufficient evidence. However, on 10 February 2000, the Court dismissed his appeal, judging that sufficient measures were taken by the trial judge to ensure a fair trial. In 2005 Sawoniuk died while in prison.


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