Commentary

![CDATA[In the overall context of East Timor, it is probably not surprising that the four judgments of the Special Panels for Serious Crimes within the District Court of Dili (SPSC) that are the subject of this commentary focus on the alleged actions of relatively low level militia members. Indeed, although the specific facts to which these trials relate involve violence, death and, in the case of Augusto Asameta Tavares, acts of brutality, it should be noted at the outset that none of the accused had been charged with an international crime - instead the charges involved murder or, in the case of Mateus Tilman, attempted murder, as well as a number of other associated crimes. The judgments themselves make no reference to, for example, any international (criminal) law jurisprudence and it appears that the scope of the defence arguments was largely restricted to disputing some of the facts put forward by the prosecution and/or arguing that the accused 'had no choice' but to participate in the criminal activity.]]