Supreme Court to rule on retroactive war crime laws / News / The Foreigner

Supreme Court to rule on retroactive war crime laws. The Norwegian Supreme Court is to decide if a person can be convicted of war crimes committed before new legislation become active. “Parliament cannot pass this without changing the Constitution and taking the necessary policy discussions first,” John Christian Elden, lawyer to the first man convicted in Norway of war crimes in the post World War II era tells NTB. The 44-year-old Bosnian Norwegian man was accused of involvement in the atrocities against Serbs in the Dretelj camp, during the 1992 Bosnian war.

john, christian, elden, bosnia, serbia, war, crimes, dretelj, camp, supreme, court, ruling, laws, retroactive, legislation



The Foreigner Logo

The Foreigner is an online publication for English speakers living or who have an interest in Norway. Whether it’s a glimpse of news or entertainment you’re after, there’s no need to leave your linguistic armchair. You don’t need to cry over the demise of the English pages of Aftenposten.no, The Foreigner is here!

Norske nyheter på engelsk fra Norge. The Foreigner er en engelskspråklig internett avis for de som bor eller som er interessert i Norge.

Google+ Google+ Twitter Facebook RSS RSS



News Article

LATEST:

Supreme Court to rule on retroactive war crime laws

Published on Wednesday, 10th November, 2010 at 13:40 under the news category, by Ramona Tancau.
Last Updated on 4th December 2010 at 22:55.

The Norwegian Supreme Court is to decide if a person can be convicted of war crimes committed before new legislation become active.

Norwegian Supreme Court, Oslo
Norwegian Supreme Court, Oslo
Photo: Bjoertvedt/Wikimedia Commons


Legal framework

“Parliament cannot pass this without changing the Constitution and taking the necessary policy discussions first,” John Christian Elden, lawyer to the first man convicted in Norway of war crimes in the post World War II era tells NTB.

The 44-year-old Bosnian Norwegian man was accused of involvement in the atrocities against Serbs in the Dretelj camp, during the 1992 Bosnian war.

From the beginning of his trial, his defence realized that ruling on the new law would make the piece of legislation retroactive, infringing Section 97 of the Norwegian Constitution, which stipulates, “no law must be given retroactive effect.”

Thus, the District Court convicted him to five years in prison and ordered the man to pay the victims 400,000 kroner in damages.

Obsolete?

If deemed retroactive, the law raises two questions, regarding the Bosnian Norwegian man’s case: is it possible to punish him for a matter 13 years previous to the new law’s introduction and does the limitation of 15 years from committing a crime to conviction make the case obsolete?

“He was arrested before the deadline, but the specific crimes, but was first charged after 15 years deadline had expired. He cannot be convicted for any act if the Supreme Court agrees with us here,” says John Christian Elden.

The Supreme Court will make its ruling at the beginning of next month.




Published on Wednesday, 10th November, 2010 at 13:40 under the news category, by Ramona Tancau.
Last updated on 4th December 2010 at 22:55.

This post has the following tags: john, christian, elden, bosnia, serbia, war, crimes, dretelj, camp, supreme, court, ruling, laws, retroactive, legislation.





  
Do NOT follow this link or you will be banned from the site!