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Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa
Judgement, 28 May 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
Fofana and Kondewa were high-ranking members of the Civil Defense Forces (CDF) who participated in the armed conflict in Sierra Leone on the side of the ousted government of President Kabbah. They were convicted by the Special Court for aiding and abetting the planning of war crimes by CDF forces, particularly murder, cruel treatment, burning of civilian property, collective punishment and, for Kondewa, enlisting child soldiers.
On appeal, the Appeals Chamber found that there was sufficient evidence to convict both men for crimes against humanity. However, the convictions for collective punishment and enlistment of child soldiers were overturned. At sentencing, in order to reflect the gravity of the crimes and the new conviction for crimes against humanity, the Appeals Chamber increased the sentences: Fofana’s from 6 years to 15 years, Kondewa’s from 8 years to 20 years. The Appeals Chamber refused to take into account the political motives of Fofana and Kondewa, and particularly that they were fighting for a just cause in order to restore President Kabbah to power.
Gavrić : Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić
Indictment , 4 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.
On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.
Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović
Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.
Nazario Jr.: Jose Louis Nazario Jr. v United States of America
Judgment of Discharge, 28 Aug 2008, United States District Court Central District of California, United States
On 9 November 2004, Jose Louis Nazario Jr. was serving in Iraq as a member of the US Armed Forces. Nazario was leading a squad of 13 Marines on house-to-house searches. During these searches, Nazario allegedly killed two Iraqis, and encouraged two squad members to shoot two others. The alleged acts took place in Fallujah, Iraq.
In 2007, Jose Louis Nazario was brought before the US District Court in California. He was the first veteran to be tried in a civilian US court for alleged war crimes in Iraq.
The defence argued that there was no evidence of a deceased person, nor had the government provided a name or a sufficient description of any of the alleged victims. Deliberating in less than six hours, the jury found Nazario not guilty of manslaughter or assault. Jose Louis Nazario Jr. was acquitted on all charges on 28 August 2008.
Lipovac: Prosecutor's Office of Bosnia and Herzegovina v. Damir Lipovac
Indictment, 22 Sep 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Criminal Division, Bosnia and Herzegovina
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