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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. -
Case 1:10-Cv-05197 Document 1 Filed 08/17/10 Page 1 of 40
Case 1:10-cv-05197 Document 1 Filed 08/17/10 Page 1 of 40 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION GENOCIDE VICTIMS ) OF KRAJINA, ) ) ) Plaintiffs, ) ) v. ) Case No.: 1:10-CV- _____ ) L-3 COMMUNICATIONS ) Corp. and ) MPRI, Inc., ) JURY DEMAND ) Class Action ) Defendants. ) ) COMPLAINT Plaintiffs Genocide Victims of Krajina, including Milena Jovic and Zivka Mijic, individually and on behalf of all others similarly situated, for their Complaint against Defendants L-3 Communications Corp. (“L-3”) and MPRI, Inc. (“MPRI”), allege the following: Nature of the Action 1. This is a class action brought by ethnic Serbs who resided in the Krajina region of Croatia up to August 1995 and who then became victims of the Croatian military assault known as Operation Storm—an aggressive, systematic military attack and bombardment on a demilitarized civilian population that had been placed under the protection of the United Nations. Operation Storm was designed to kill or forcibly expel the ethnic Serbian residents of the Krajina region -1- Case 1:10-cv-05197 Document 1 Filed 08/17/10 Page 2 of 40 from Croatian territory, just because they were a minority religio-ethnic group. Defendant MPRI, a private military contractor subsequently acquired by Defendant L-3 Communications Inc., trained and equipped the Croatian military for Operation Storm and designed the Operation Storm battle plan. Operation Storm became the largest land offensive in Europe since World War II and resulted in the murder and inhumane treatment of thousands of ethnic Serbs, the forced displacement of approximately 200,000 ethnic Serbs from their ancestral homes in Croatian territory, and the pillaging and destruction of hundreds of millions of dollars worth of Serbian-owned property. -
Memorial of the Republic of Croatia
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. YUGOSLAVIA) MEMORIAL OF THE REPUBLIC OF CROATIA ANNEXES REGIONAL FILES VOLUME 2 PART I EASTERN SLAVONIA 1 MARCH 2001 II CONTENTS ETHNIC STRUCTURES 1 Eastern Slavonia 3 Tenja 4 Antin 5 Dalj 6 Berak 7 Bogdanovci 8 Šarengrad 9 Ilok 10 Tompojevci 11 Bapska 12 Tovarnik 13 Sotin 14 Lovas 15 Tordinci 16 Vukovar 17 WITNESS STATEMENTS TENJA 19 Annex 1: Witness Statement of M.K. 21 Annex 2: Witness Statement of R.J. 22 Annex 3: Witness Statement of I.K. (1) 24 Annex 4: Witness Statement of J.P. 29 Annex 5: Witness Statement of L.B. 34 Annex 6: Witness Statement of P.Š. 35 Annex 7: Witness Statement of D.M. 37 Annex 8: Witness Statement of M.R. 39 Annex 9: Witness Statement of M.M. 39 Annex 10: Witness Statement of M.K. 41 Annex 11: Witness Statement of I.I.* 42 Annex 12: Witness Statement of Z.B. 52 Annex 13: Witness Statement of A.M. 54 Annex 14: Witness Statement of J.S. 56 Annex 15: Witness Statement of Z.M. 58 Annex 16: Witness Statement of J.K. 60 IV Annex 17: Witness Statement of L.R. 63 Annex 18: Witness Statement of Đ.B. 64 WITNESS STATEMENTS DALJ 67 Annex 19: Witness Statement of J.P. 69 Annex 20: Witness Statement of I.K. (2) 71 Annex 21: Witness Statement of A.K. 77 Annex 22: Witness Statement of H.S. -
The Golden Valley – Heaven for Food and Wine Lovers with More Than 30 Wineries and Forts
TRIP IDEAS fact! Romans called this region Vallis Aurea (the Golden Valley) TZ PSZ The Golden Valley – heaven for food and wine lovers With more than 30 wineries and forts. There are numerous legends prov- three wine roads, Požega-Slavonia ing that this has been a region rich in County offers a unique wine and wine since the ancient times. There is a story that Veuve Clicquot, the widow food experience that conquered the 19th century world with her champagne, visited Pleter- nica on her way to Petrograd and was Fertile fields of Slavonia have al- so thrilled by the rolling hills she saw, ways fed the inhabitants of Požega- that upon her return to Champagne she Slavonia County, and as early as the sent vine roots to the people of Pleter- TZ PSZ Roman times it got the name of Val- nica. She was later honoured by having lis Aurea or the Golden Valley. This not only local wines named after her - a Aurelius’ wine, found in what used to be County is a must visit place for the lov- Riesling, which is a graševina coupage, Roman woods. ers of wine, especially graševina. More a white pinot, and local grappa, but also This region, however, is not famous only than 30 wineries and three wine roads a hill. They are called Klikun, the name for its wine – the food is exquisite as (Požega – Pleternica Vineyards, Kutje- similar to the way locals pronounced the well, and you will not stay hungry. Pre- vo Vineyards and Pakrac Vineyards) widow’s last name Clicquot. -
Memorial of the Republic of Croatia
INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE APPLICATION OF THE CONVENTION ON THE PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE (CROATIA v. YUGOSLAVIA) MEMORIAL OF THE REPUBLIC OF CROATIA APPENDICES VOLUME 5 1 MARCH 2001 II III Contents Page Appendix 1 Chronology of Events, 1980-2000 1 Appendix 2 Video Tape Transcript 37 Appendix 3 Hate Speech: The Stimulation of Serbian Discontent and Eventual Incitement to Commit Genocide 45 Appendix 4 Testimonies of the Actors (Books and Memoirs) 73 4.1 Veljko Kadijević: “As I see the disintegration – An Army without a State” 4.2 Stipe Mesić: “How Yugoslavia was Brought Down” 4.3 Borisav Jović: “Last Days of the SFRY (Excerpts from a Diary)” Appendix 5a Serb Paramilitary Groups Active in Croatia (1991-95) 119 5b The “21st Volunteer Commando Task Force” of the “RSK Army” 129 Appendix 6 Prison Camps 141 Appendix 7 Damage to Cultural Monuments on Croatian Territory 163 Appendix 8 Personal Continuity, 1991-2001 363 IV APPENDIX 1 CHRONOLOGY OF EVENTS1 ABBREVIATIONS USED IN THE CHRONOLOGY BH Bosnia and Herzegovina CSCE Conference on Security and Co-operation in Europe CK SKJ Centralni komitet Saveza komunista Jugoslavije (Central Committee of the League of Communists of Yugoslavia) EC European Community EU European Union FRY Federal Republic of Yugoslavia HDZ Hrvatska demokratska zajednica (Croatian Democratic Union) HV Hrvatska vojska (Croatian Army) IMF International Monetary Fund JNA Jugoslavenska narodna armija (Yugoslav People’s Army) NAM Non-Aligned Movement NATO North Atlantic Treaty Organisation -
English Translation Integra
GUIDANCE FOR RETURNEES TO CROATIA 1 December 2004 1 GUIDANCE FOR RETURNEES TO CROATIA OSCE Mission to Croatia Author of publication OSCE Mission to Croatia Publisher OSCE Mission to Croatia Editor OSCE Mission to Croatia Cover design and graphic design Zoran itnik English translation Integra Copies 500 Print Columna, Split Tijardoviæeva 16 ISBN 953-99674-3-0 CIP - Katalogizacija u publikaciji Nacionalna i sveuèilina knjinica - Zagreb UDK 364.65-054.75(497.5)(036) 342.726-054.75(497.5)(036) ORGANISATION for Security and Cooperation in Europe. Mission to Croatia Guidance for returnees to Croatia /<author of publication OSCE Mission to Croatia>. - Zagreb : OSCE Mission to Croatia, 2004. Izv. stv. nasl.: Vodiè za povratnike u Republiku Hrvatsku. ISBN 953-99674-3-0 I. Povratnici -- Hrvatska -- Pravna regulativa -- Vodiè 2 441201173 TABLE OF CONTENT Introduction 5 State housing for former holders of occupancy/tenancy rights outside the area of special state concern 7 State housing for former holders of occupancy/tenancy right and others inside the Area of Special State Concern 12 Repossession of property 14 Housing care for owners of damaged private property 17 Looting 19 State Obligation to compensate use of private property 21 Reconstruction of damaged and destroyed properties 26 Compensation for damage caused by armed forces and police and for damage caused by terrorist acts 28 Convalidation/Pension issues 30 Status rights 32 Areas of Special State Concern 34 List of ODPR offices 37 List of OSCE offices 39 List of UNHCR offices 41 3 GUIDANCE FOR RETURNEES TO CROATIA 4 INTRODUCTION Dear readers, The OSCE Mission to Croatia has recognized the need for additional return related information to be provided through the distribution of guidance for return- ees, refugees, expelled and displaced persons. -
February 13, 1992 Volume 4, Issue 4
February 13, 1992 Volume 4, Issue 4 His Excellency Franjo Tudjman President of the Republic of Croatia Radi ev Trg 2 41000 Zagreb Croatia Dear President Tudjman: The U.S. Helsinki Watch Committee is deeply concerned by reports of serious human rights abuses by forces responsible to the Croatian government and by individual extremists in Croatia. Our own investigations of these reports, conducted during a series of fact-finding missions to Croatia in the past year, indicate that many of these reports are well-founded. We call upon you to investigate the abuses enumerated in this letter and to punish those responsible for them. We call upon you to take immediate measures to ensure that such violations of human rights do not occur again. The abuses described in this letter include violations of the laws of war in the current conflict between Croatian and Serbian forces and the Yugoslav army, including the summary execution of civilians and disarmed combatants; the torture and mistreatment of detainees; arbitrary arrests and disappearances; destruction of civilian property and the killing of journalists covering the war. In addition to violations connected with the war, Helsinki Watch has also documented restrictions on freedom of expression and the press and interference with the independence of the judiciary. Finally, we are gravely concerned about the harassment, discrimination and rising violence against Serbs not engaged in the armed conflict in Croatia. Rules of War Violations in Croatia by Croatian Forces Violations of the rules of war are often committed by local police officers and members of the Croatian army1 in areas which are under heavy siege by Serbian forces and the Yugoslav army. -
Peacebuilding in Croatia - the Pakrac Project
Chapter 14: Peacebuilding in Croatia - The Pakrac Project On 4 December 1997, Nick Wilson spoke about a joint UN-peace movement project in Croatia. Present were: Christina Arber, Richard Evans, Annie Harrison, Jude Hutchen, Michael Randle, Carol Rank, Andrew Rigby, Kate Witham. Presentation - Nick Wilson In his introduction, Nick explained that the Pakrac project was a peacebuilding initiative jointly sponsored by the UN Development Programme, the Croatian Anti-War Campaign (ARK), and the Belgrade based peace group MOST, from June 1993 to January 1997 in the UN Protected enclave of Pakrac. Explaining the historical background to the project, Nick said that Pakrac had been one of the front-line areas in the fighting between Serbs and Croats in the 1991-92 war following the break-up of Yugoslavia and the establishment of an independent Croatian state. Control of the city had changed hands five times during the fighting, and there was widespread destruction of houses and other property. The UN brokered cease-fire left a divided city with the cease-fire line running through the middle of it. To the north of the line, the city was controlled by the Croatian authorities; to the south, by the Serbs. Prior to the war, the 1990 census showed that approximately 60% of the population of Pakrac were Serb, 30 % Croat, with the remaining 10% comprising people of German, Czech, Italian and other origins. By the summer of 1993 both parts of the divided city were functioning but there was virtually no contact across the divide. The project had initially been conceived of as a short-term one, lasting only a matter of weeks, in which foreign and 'Yugoslav' volunteers would work with people in the area repairing houses, doing other social and constructive work and attempting to build bridges between the two communities. -
The War in Croatia, 1991-1995
7 Mile Bjelajac, team leader Ozren Žunec, team leader Mieczyslaw Boduszynski Igor Graovac Srdja Pavlović Raphael Draschtak Sally Kent Jason Vuić Rüdiger Malli This chapter stems in large part from the close collaboration and co-au- thorship of team co-leaders Mile Bjelajac and Ozren Žunec. They were supported by grants from the National Endowment for Democracy to de- fray the costs of research, writing, translation, and travel between Zagreb and Belgrade. The chapter also benefited from extensive comment and criticism from team members and project-wide reviews conducted in Feb- ruary-March 2004, November-December 2005, and October-November 2006. Several passages of prose were reconstructed in summer 2010 to address published criticism. THE WAR IN CROATIA, 1991-1995 ◆ Mile Bjelajac and Ozren Žunec ◆ Introductory Remarks Methodology and Sources Military organizations produce large quantities of documents covering all aspects of their activities, from strategic plans and decisions to reports on spending for small arms. When archives are open and documents accessible, it is relatively easy for military historians to reconstruct events in which the military partici- pated. When it comes to the military actions of the units in the field, abundant documentation provides for very detailed accounts that sometimes even tend to be overly microscopic. But there are also military organizations, wars, and indi- vidual episodes that are more difficult to reconstruct. Sometimes reliable data are lacking or are inaccessible, or there may be a controversy regarding the mean- ing of events that no document can solve. Complicated political factors and the simple but basic shortcomings of human nature also provide challenges for any careful reconstruction. -
Prosecution of Crimes of Appropriation of Private Property Before the International Criminal Tribunal for the Former Yugoslavia
Awarded Theses 2018/2019 Jasenka Ferizović Prosecution of Crimes of Appropriation of Private Property before the International Criminal Tribunal for the former Yugoslavia and the International Residual Mechanism for Criminal Tribunals erma, European Regional Master’s Programme in Democracy and Human Rights in South East Europe JASENKA FERIZOVI PROSECUTION OF CRIMES OF APPROPRIATIONć OF PRIVATE PROPERTY BEFORE THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA AND THE INTERNATIONAL RESIDUAL MECHANISM FOR CRIMINAL TRIBUNALS JASENKA FERIZOVI ć FOREWORD The Global Campus of Human Rights is a unique network of more than one hundred participating universities around the world, seeking to advance human rights and democracy through regional and global cooperation for education and research. This global network is promoted through seven Regional Programmes which are based in Venice for Europe, in Sarajevo/Bologna for South East Europe, in Yerevan for the Caucasus, in Pretoria for Africa, in Bangkok for Asia- Pacific, in Buenos Aires for Latin America and the Caribbean, and in Beirut for the Arab World. Every year each regional master’s programmes select the best master thesis of the previous academic year that is published online as part of the GC publications. The selected seven GC master theses cover a range of different international human rights topics and challenges. The Global Campus Awarded Theses of the academic year 2018/2019 are: • Begalieva, Nuriza, From Democracy to Autocracy? Growing Threats to Civil Society and Media in Kyrgyzstan, Supervisor: Arusyak Aleksanyan, Yerevan State University. Master’s Programme in Human Rights and Democratisation in the Caucasus (CES), coordinated by Yerevan State University • El-Hawary, Nouran Refugees ad Migrant Access to Health in Transit Countries: Politics of Adaptability, Enactment of Slow Death and Inevitability of Pain: an Ethnography of Poor Urban Neighborhood in Rabat (Morocco), Supervisor: Jeremy Gunn, International University of Rabat (UIR). -
War in the Balkans, 1991-2002
WAR IN THE BALKANS, 1991-2002 R. Craig Nation August 2003 ***** The views expressed in this report are those of the author and do not necessarily reflect the official policy or position of the Department of the Army, the Department of Defense, or the U.S. Government. This report is cleared for public release; distribution is unlimited. ***** Comments pertaining to this report are invited and should be forwarded to: Director, Strategic Studies Institute, U.S. Army War College, 122 Forbes Ave., Carlisle, PA 17013-5244. Copies of this report may be obtained from the Publications Office by calling (717) 245-4133, FAX (717) 245-3820, or be e-mail at [email protected] ***** Most 1993, 1994, and all later Strategic Studies Institute (SSI) monographs are available on the SSI Homepage for electronic dissemination. SSI’s Homepage address is: http://www.carlisle.army.mil/ssi/ ***** The Strategic Studies Institute publishes a monthly e-mail newsletter to update the national security community on the research of our analysts, recent and forthcoming publications, and upcoming conferences sponsored by the Institute. Each newsletter also provides a strategic commentary by one of our research analysts. If you are interested in receiving this newsletter, please let us know by e-mail at [email protected] or by calling (717) 245-3133. ISBN 1-58487-134-2 ii CONTENTS Foreword . v Preface . vii Map of the Balkan Region. viii 1. The Balkan Region in World Politics . 1 2. The Balkans in the Short 20th Century . 43 3. The State of War: Slovenia and Croatia, 1991-92. -
Operation Lightning
Documenting the Past 1 May 2002 Operation Flash The Ethnic Cleansing of Western Slavonia 1 May 1995 This report is based on statements given to the Humanitarian Law Center in June and July 1995, in Eastern Slavonia, by Croatian Serbs expelled from Western Slavonia. The appearance on 17 August 1991 of roadblocks in the Krajina region marked the beginning of the rebellion of the Serbs in Croatia. On 25 June 1991, the Croatian Parliament declared the republic's independence from the Socialist Federal Republic of Yugoslavia (SFRY), which meant that only laws passed by that legislature were in effect in Croatian territory. By late 1991, the Croatian Serbs, with the help of the Yugoslav National Army (JNA), and police and paramilitary units from Serbia, had taken control of one-third of Croatia's territory, including parts of Eastern and Western Slavonia and the Krajina, and declared their own Republic of Serb Krajina (RSK). Slightly more than 12 percent of the 581,969 Croatian Serbs lived in these predominantly Serb regions, from which more than 80,000 Croats moved out, either under pressure or as the result of direct expulsion. The rump SFRY Presidency asked the United Nations to dispatch a peacekeeping force to the region. The Vance Plan, signed in February 1992 by Franjo Tudjman and Slobodan Milošević, then the presidents of Croatia and Serbia respectively, guaranteed security and continuing political power to the Serbs in areas under their control, and envisaged the simultaneous deployment of the UN Protection Force (UNPROFOR) and the withdrawal of the Croatian forces and the JNA from those areas.