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Semanza: The Prosecutor v. Laurent Semanza

Judgement and Sentence, 15 May 2003, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

The Accused, Laurent Semanza, was the former Bourgmestre (mayor) of Bicumbi commune. He was indicted on 14 counts of genocide, crimes against humanity and war crimes for his role in the Rwandan genocide.

On 15 May 2003, Trial Chamber III of the ICTR found him guilty of aiding and abetting genocide during the massacres at Musha Church and Mwulire Hill, which took place on 13 April 1994 and 18 April 1994 respectively. The Chamber also convicted him of extermination as a crime against humanity for his conduct at Musha church and Mwulire Hill. The Trial Chamber further held that Semanza was guilty of torture and murder as crimes against humanity. These convictions arose out of Semanza’s April 1994 incitement of a crowd in Gikoro commune to rape Tutsi women before killing them. He was also held directly responsible for the torture and murder of Rusanganwa, a Tutsi, whom he attacked and killed during the Musha Church massacre.

However, the judgment acquitted the Accused of genocide, direct and public incitement to commit genocide, serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions, and persecution as a crime against humanity.

The Trial Chamber sentenced the Accused to 25 years of imprisonment. This sentence was reduced by 6 months because of violations of the Accused’s rights that occurred while in detention prior to his transfer to the ICTR.


Kasa: The Prosecutor v. Leonardus Kasa

Judgement, 9 May 2001, Special Panels for Serious Crimes (District Court of Dili), East Timor

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters. 

The Accused, Leonardus Kasa, was a member of the pro-autonomy Laksaur militia group. He was brought before the Special Panels for Serious Crimes for having allegedly raped an East Timorese woman. He contended that the relationship was not based on coercion and in any event the Special Panels could not hear his case as it fell outside their jurisdiction, the alleged rape having been committed in West Timor. The Special Panels agreed, finding that under the constitutive instruments of the Panels and the applicable law, there was no jurisdiction to try the case. It would have to be dealt with by an Indonesian court. 


Stankovic: Prosecutor’s Office of Bosnia and Herzegovina v. Radovan Stankovic

Verdict, 14 Nov 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Radovan Stankovic, member of a Serb battalion during the war in Bosnia and Herzegovina (1992-1995), was initially indicted by the ICTY Prosecutor for his alleged involvement in crimes against humanity in 1996 and 1999. However, his case was ultimately referred to the Court in Bosnia and Herzegovina in 2005.

He was charged with crimes against humanity, as he was accused of having set up a detention centre for (often underaged) women, having incited other soldiers to rape detainees, and having coerced several detainees into forced labour and sexual intercourse. The Court heavily relied on witness statements to determine that he was guilty of four of the six charges, stating that the statements were clear and consistent. Stankovic was sentenced to sixteen years' imprisonment on 14 November 2006.


Todorović (Vaso): Prosecutor’s Office of Bosnia and Herzegovina v. Vaso Todorović

Verdict, 22 Oct 2008, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

After the takeover of Srebrenica on 11 July 1995, several thousand Bosniak men fled and attempted to reach Bosnian territory. Many of them were detained and over 1000 men were brought to a warehouse and executed. Vaso Todorović, a former policeman who was involved in capturing and detaining these men and who stood guard as these men were killed, was initially charged with genocide. However, these charges were amended to a charge of crimes against humanity, and Todorović entered into a plea agreement. The Court had to assess whether there was enough evidence for a conviction and whether his plea was credible. After establishing that a widespread or systematic attack against civilians had taken place in Srebrencia, the Court established that Todorović knew about the attack and that his actions should be regarded in the context of the attack. The Court considered proven that Todorović had participated in detaining men in a warehouse, after which he prevented them from escaping their subsequent execution. He was sentenced to six years imprisonment.


Kujundžić: Prosecutor's Office of Bosnia and Herzegovina v. Predrag Kujundžić

Second Instance Verdict, 4 Oct 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina

Predrag Kujundžić was born on 30 January 1961 in the village of Suho Polje in the municipality of Doboj, Bosnia and Herzegovina. Kujundžić was the commander of the Predini vukovi military unit, which functioned as part of the army of the Republika Srpska.

The Prosecutor’s Office of Bosnia and Herzegovina alleged that on 12 June 1992, Kujundžić occupied the village of Čivčije Bukovačke, and subsequently blew up the village’s mosque, plundered and set on fire some houses, and ordered that all Bosniak men gathered in front of the village’s culture center. After the men (160 in total) were gathered, they were exposed to a several hours’ long physical and mental abuse by Kujundžić and his unit members. Subsequently, all men were taken to the Perčin disco camp located in the place of Vila in the Doboj municipality, where they were confined on inadequate premises and exposed to every-day abuses by various groups of soldiers who could freely enter the camp. 

On 4 October 2010, the Court of Bosnia and Herzegovina found Kujundžić guilty and sentenced him to 17 years imprisonment.


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