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Public Prosecutor v. Stanislas Mbanenande
Judgment , 19 Jun 2014, Swedish Court of Appeal, Sweden
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.
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