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Updates from the International Criminal Courts Anna Katherine Drake American University Washington College of Law Human Rights Brief Volume 15 | Issue 3 Article 8 2008 Updates from the International Criminal Courts Anna Katherine Drake American University Washington College of Law Rachel Katzman American University Washington College of Law Katherine Cleary American University Washington College of Law Solomon Shinerock American University Washington College of Law Howard Shneider American University Washington College of Law Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Criminal Law Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Drake, Anna Katherine, Rachel Katzman, Katherine Cleary, Solomon Shinerock, and Howard Shneider. "Updates from the International Criminal Courts." Human Rights Brief 15, no. 3 (2008): 42-48. This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Drake et al.: Updates from the International Criminal Courts UPDATES FROM THE INTERNATIONAL CRIMINAL COURTS INTERNAT I ONAL CR I M I NAL on fleeing civilians. Some individuals were der, torture, rape, and cruel treatment. At TR I BUNAL FOR THE FORMER shot execution style and others murdered in the time the crimes allegedly took place, YUGOSLAV I A front of their families. The troops opened between March and September 1998, Hara- fire on groups of civilians and burned dinaj was commander of the KLA troops in TR I AL OF ANTE GOTOV I NA others alive. The attack was not limited the Dukagjin area. Haradinaj and Balaj — The trial of former Croatian General to physical violence; advancing forces commanders of the Black Eagles, a KLA Ante Gotovina began on March 11, 2008. mounted an organized campaign of ethnic unit operating in Dukagjin — were both Following his secret indictment in 2001, cleansing, systematically torching or oth- acquitted of all charges, but Brahimaj — Gotovina was on the run for four years erwise destroying and plundering Serb vil- Haradinaj’s uncle and member of the KLA before his apprehension at a luxury hotel lages, including those in the municipalities general staff stationed at the headquarters in the Canary Islands. His trial is regarded of Benkovac, Donji Lapac, Drniš, Ervenik, in Jablanica — was found guilty of cruel as one of the most important prosecutions Gracˇ ac, Kistanje, Knin, Lišane Ostrovicˇ ke, treatment and torture of two persons and to date at the Tribunal because it will effec- Lovinac, Nadvoda, Obrovac, Oklaj, Orlic ´ , sentenced to six years’ imprisonment. tively try and pass judgment on approaches Polaca, Titova Korenica, and Udbina. All three indictees were acquitted of taken by the Croatian leadership during Gotovina, Cermak,ˇ and Markaˇc are crimes against humanity charges. The Trial the conflict. The trial is certain to be fol- charged with participation in a joint crimi- Chamber was not convinced beyond a lowed closely in the former Yugoslavia nal enterprise, the common purpose of reasonable doubt that there existed a joint because Gotovina is still considered by which was the permanent removal of the criminal enterprise with the objective of many Croats to be a national hero. Serb population from the Krajina by force, targeting civilians. The judges found that Gotovina has been indicted, along with fear, or threat of force, persecution, forced some evidence presented by the Prosecutor two other Croatian Generals, Ivan Cermakˇ displacement, transfer and deportation, suggested some victims were targeted for and Mladen Markaˇc, for crimes against appropriation and destruction of property, individual reasons rather than as members humanity and war crimes as participants or other means. Gotovina was indicted for of a specific civilian population. They also in a joint criminal enterprise with four his direct and indirect acts. He allegedly found that the scale of ill-treatment, forcible deceased co-perpetrators — former Presi- participated in the planning and prepara- transfer, and killing of civilians not signifi- dent of Croatia Franjo ­Tudjman, Croatian tion for the campaign and exercised com- cant enough to conclude there had been an Minister of Defense Gojko Šušak, and mand and control over all units, elements, attack against a civilian population. Chiefs of the Main Staff of the Croatian and members of the Croatian armed forces The trial of Haradinaj was notorious for Army Janko Bobetko and Zvonimar who participated in Operation Storm. He witness intimidation. Throughout the trial, Cervenko.ˇ Gotovina was the overall opera- also allegedly permitted the aforemen- the Chamber had to deal with witnesses tional commander of the major Croat offen- tioned criminal activity to occur and failed refusing to testify. The Chamber granted sive Operation Storm that was carried out to establish law and order among his 34 witnesses protective measures to induce over three days in August 1995. Operation subordinates. them to testify. Eighteen subpoenas were Storm was designed to expel the Croatian issued to witnesses who refused to testify. Serb population from the Krajina region of AC QU I TTAL OF FORMER KOSOVAR Two of those subpoenaed still refused, Croatia. In September 1990, Croatian Serbs PR I ME MI N I STER RAMUSH were indicted for contempt of court, and declared that the Krajina would henceforth HARAD I NAJ arrested and transferred to The Hague. The be a Serbian Autonomous Region. Croa- Chamber repeatedly heard from witnesses tian leaders implemented several plans On April 3, 2008 the Tribunal acquitted that they feared for their safety, perhaps for designed to retake the claimed territory but Ramush Haradinaj of all charges of crimes good reason. In early January, following had little success until Operation Storm. against humanity and war crimes. Haradi- naj and two other high-ranking members of testimony before the ICTY, leading pros- In anticipation of the strike, a cam- the Kosovo Liberation Army (KLA), Idriz ecution witness Tahir Zemaj, as well as his paign of fear and propaganda was mounted Balaj and Lahi Brahimaj, were indicted for son and his nephew, were shot and killed throughout the Krajina in an effort to evac- participation in a joint criminal enterprise in Zemaj’s car in Peja, Kosovo. Another uate the region. The campaign was largely with the aim of consolidating control over prosecution witness, Kujtim Berisha, was successful, so much so that by the time the Dukagjin area in northwest Kosovo by hit by a car and killed in Montenegro two Croatian forces arrived many Croatian unlawful removal, mistreatment, and mur- weeks before the trial began. Serbs had fled. During the offensive and its der of Serbian and Kosovar Roma civilians aftermath, Croat forces under Gotovina’s as well as Kosovar Albanians considered command committed numerous atrocities sympathetic to their cause. The three were in the region. The Croatian troops shelled charged with 19 counts of violations of the civilian areas and conducted aerial attacks laws and customs of war including mur- Published by Digital Commons @ American University Washington College42 of Law, 2008 1 Human Rights Brief, Vol. 15, Iss. 3 [2008], Art. 8 TR I AL OF SERB I AN SE C RET SERV ic E and October 1994. Raševic´, the guards’ in Kosovo — has caused fury in Serbia. MEMBERS : STAN I š ic´ AND SI MATOV ic´ commander, used the facility as a deten- New ICTY Prosecutor Serge Brammertz’s tion centre for non-Serb civilians. Todovic´, efforts in conjunction with persuasion by The trial against two high level officials the deputy warden, participated in the the international community, might help of the Serbian Secret Service began in April. creation and maintenance of a system of coax Serbia back into a relationship with Jovica Stanišic´ and Franko Simatovic´ were punishment and mistreatment of detainees. the west. This might also rekindle Ser- indicted for crimes against humanity and Both also helped establish a forced labor bian cooperation in the apprehension of war crimes for their participation as part of system. remaining fugitives, particularly former a joint criminal enterprise whose objective Bosnian-Serb President Radovan Karadzic was the forcible and permanent removal The ICTY referred two other cases and former Bosnian-Serb General Ratko of the majority of non-Serbs —principally involving suspects indicted for crimes in Mladic´ respectively. Croats, Bosnian Muslims, and Bosnian Foˇca to the WCC. Gojko Jankovic´ and Croats — from large areas of Croatia and Radovan Stankovic ´ were tried separately Bosnia-Herzegovina, through the crimes and found guilty of war crimes by that SP E ci AL COURT FOR of persecutions, murder, deportation, and court. Jankovic´ was sentenced to 34 years’ SI ERRA LEONE imprisonment, and Stankovic´ to 20 years’ other inhumane acts. PROSECUTOR V. BRIMA , KAMARA & imprisonment. In May 2007, however, KANU , CASE NO. SCSL-04-16-A In the spring of 1991, the Serbian Stankovic ´ escaped from a prison in Bos- Secret Service established secret units to nia’s Republika Srpska where he was serv- On March 3, 2008, the Appeals Cham- under take special military action in Croatia ing his sentence. ber of the Special Court for Sierra Leone and Bosnia-Herzegovina. Amongst these (SCSL) affirmed the Trial Chamber’s secret units were the notoriously brutal COM P LET I ON STRATEG Y AND conviction of Alex Tamba Brima, Brima Arkan’s Tigers and Martic´’s Police. Under INSTAB I L I T Y I N SERB I A Bazzy Kamara, and Santigie Borbor Kanu, the direction of Stanišic ´, Simatovic ´ set up senior members of the armed rebel group train ing camps in the Krajina for the armed Because the Tribunal is set to end its the Armed Forces Revolutionary Coun- units. From 1991 to 1995, Staniši ´c and work in 2010, the United Nations Security cil (AFRC).
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