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Ramić: Niset Ramić v. The Prosecutor

Appellate Verdict, 21 Nov 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina

On 20 June 1992 in the village of Hlapčevići, Ramić ordered a group of around eight soldiers to surround three Serb inhabitants’ houses. Following this, together with other soldiers, he took six individuals of Serb ethnicity out of the houses and ordered them to move toward the Youth Centre in the village of Hlapčevići. On their way to the Centre, Ramić stopped the group and called one person to step out and to inform him about the location of hidden weapons and minefields. After this person did not answer, Ramić shot him with an automatic firearm, and then turned to the other captured civilians and fired at them as well. As a consequence, four civilians were killed and two wounded. These acts constitute a violation of the rules of the laws of war, as set out in the Geneva Conventions.

Ramić pleaded not guilty. However on 17 July 2007 the Court sentenced him to 30 years imprisonment for War Crimes against Civilians. On 21 November 2007 the Appellate Panel issued the final verdict in the Ramić case, finding that the appeal was unfounded and that the Trial Panel’s verdict sentencing Ramić to 30 years of long-term imprisonment had to be upheld.


Šakić (Dinko Ljubomir): Office of the County Public Prosecutor v. Dinko Ljubomir Šakić

Amended Indictment, 8 Jul 1999, County Court in Zagreb, Croatia (Hrvatska)

Dinko Ljubomir Šakić was born on 8 September 1921 in the village of Studenci in Perušić, Croatia. Šakić was the commander of the Jasenovac concentration camp from April until November 1944. During that time, more than 2,000 Serbs, Jews and Gypsies were killed under his command. Moreover, detainees were hanged, starved, brutally tortured and murdered. Šakić personally killed at least four detainees, two of them just for smiling.On 4 October 1999, he was found guilty for the crimes and was sentenced to 20 years in prison.

In July 2008, Šakić died at the age of 86 in a hospital in Zagreb.


Habré: The Prosecutor v. Hissène Habré et al.

Decision on the Unconstitutionality Raised by the Victims of Crimes and Political Repression on the Criminal Case opened against the agents of the DDS of Hissène Habré, 6 Apr 2001, Constitutional Court, Chad

Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Habré as well as members of the DDS, and its specialised branch the Special Rapid Action Brigade (Brigade Spéciale d'Intervention Rapide (BSIR)) were named in complaints filed by victims of the regime before the Court of First Instance in N’Djaména.

The Court of First Instance held that it was incompetent to hear the case as an Ordinance of 27 February 1993 provided that a special criminal curt of justice shall have jurisdiction. The victims appealed to the Constitutional Court for a finding that the Ordinance was unconstitutional as it purported to create a second judicial order in violation of the Constitution. The Constitutional Court accepted the arguments of the victims considering that the ordinance in question was indeed unconstitutional and should be repealed. This decision was the last in proceedings against Habré in his native Chad until 2008 when he would be tried and convicted in absentia


Al Bihani: Ghaleb Nassar Al Bihani, Appellant, v. Barack Obama, President of the United States, et al., Appellees

Appeal from the United States District Court for the District of Columbia, 5 Jan 2010, United States Court of Appeal, District of Columbia, Unites States of America, United States

Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit. Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. On appeal, the Court of Appeals for the District of Columbia dismissed Al Bihani’s appeal.


Al Bihani: Ghaleb Nassar Al Bihani v. Barack Obama, President of the United States, et al.

Appeal from the United States District Court for the District of Columbia on Petition for Rehearing En Banc, 31 Aug 2010, Court of Appeal for the District of Columbia, United States

Al Bihani, Yemeni citizen and Saudi Arabian national, travelled to Afghanistan in May 2001 on jihad (holy war). He became a member of the 55th Arab Brigade and, by his own admission, acted as a cook. The Brigade carried out a number of operations in support of the Taliban against the United States and its allies in the Northern Alliance. Al Bihani was transferred to the custody of the United States Armed Forces and thereafter to Guantanamo Bay following the surrender of his unit. Alleging the illegality of his detention at Guantanamo, al Bihani petitioned the District Court for the District of Columbia for a writ of habeas corpus. His petition was denied on the grounds that he was an “enemy combatant” within the meaning of the definition of such decided by the Court in its earlier case of Boumedienne v. Bush. On appeal, the Court of Appeals for the District of Columbia dismissed Al Bihani’s appeal.

Al Bihani appealed the decision arguing that he was entitled to a rehearing. A seven-member panel of the Court of Appeals for the District of Columbia denied the rehearing and upheld the decision that international law does not limit the President’s powers of detention and consequently al Bihani’s detention is lawful. However, all seven Circuit judges appended opinions demonstrating the importance of the question at hand and their separate reasoning.


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