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Gacumbitsi: Sylvestre Gacumbitsi v. The Prosecutor

Judgement, 7 Jul 2006, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

By a decision of 17 June 2004, the International Criminal Tribunal for Rwanda convicted Sylvestre Gacumbitsi, the former mayor of Rusumo commune, of genocide and crimes against humanity. In particular, the Trial Chamber found that Gacumbitsi had used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. On appeal by the Prosecution and the Defence, the Appeals Chamber had the occasion to clarify a number of important areas of law including the law applicable to instigation and rape as a crime against humanity. The Chamber dismissed all of Gacumbitsi’s grounds of appeal but entered new convictions for murder as a crime against humanity. Gacumbitsi’s sentence was increased to life imprisonment.


Vračević: Prosecutor's Office of Bosnia and Herzegovina v. Mirko Vračević a/k/a Srbin

Indictment, 27 Dec 2006, State Court of Bosnia and Herzegovina, Bosnia and Herzegovina

Mirko Vračević was born on 15 March 1945 in Donji Smrtići in Republika Srpska, Bosnia and Herzegovina. He was member of the Bijelo Polje Battalion of the Second Brigade of the Croatian Defence Council (HVO), and a guard in the Vojno prison facility which was set up by the HVO. In the period between July 1993 and March 1994, Vračević planned, instigated and perpetrated an attack conducted by the HVO against the Bosnian Muslims (Bosniak) residing in the municipality of Mostar. During that attack, 76 women, children and elderly were arrested and later kept in houses in Vojno village located in the Mostar municipality. Moreover, hundreds of men were kept in garages and cellars of houses where they were beaten and psychologically maltreated, and as a result, 16 of them died. During their detention, the Bosniak civilians did not have access to adequate food, clothing, drinking water or medical care.


Habyarimana: Mme Agatha Habyarimana (born Kanziga)

Decision, 15 Feb 2007, Appeals Commission for Refugees (2nd Division), France

Agathe Habyarimana (maiden name: Agathe Kanziga) is the widow of former Rwandan President Juvénal Habyarimana, whose death on 6 April 1994 marked the beginning of the Rwandan genocide that was to result in the death of some 500,000 Tutsis and moderate Hutus within the lapse of a few months. Agathe Habyarimana is frequently regarded as one of the powers behind Juvénal habyarimana’s Presidencey and as part of the inner circle responsible for the planification and organisation of the Rwandan genocide. On 9 April 1994, she was airlifted to France.

In July 2004, she applied for refugee status but her application was denied by the French Office of Protection of Refugees and Stateless Persons (OFPRA). By the present decision, the Appeals Commission for Refugees confirmed the rejection and concluded that she had participated in the planning, organising and direction of the genocide in Rwanda since 1990. 


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

Appeal Verdict, 28 Mar 2007, Court of Bosnia and Herzegovina, Section for War Crimes, Appelate Division, 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.

The prosecution appealed against the sentence of 16 years' imprisonment and the acquittal of one of the charges. Stankovic himself basically contested all the Court’s findings, most notably stating that the witness statements were false and fabricated. The Appellate Panel of the left intact almost the entire verdict, though it did raise the sentence to 20 years imprisonment. Shortly afterwards, Stankovic escaped from jail. He was recaptured in January 2012. His five years on the run cost him an additional two years of imprisonment.

 


Hereros v. Deutsche Afrika-Linien: Hereros v. Deutsche Afrika-Linien GMBLT & Co.

Opinion of the Court, 10 Apr 2007, United States Court of Appeals for the Third Circuit, United States

Members of the Herero (the Hereros), an African tribe from Namibia, brought a claim against German company Deutsche Afrika-Linien GmbH & Co. The Hereros claimed that this company used slave labor and ran its own concentration camp during Germany’s occupation of South Africa in the late 19th- and early 20th- century. The Hereros sued the German company for damages suffered during the occupation.

The case was dismissed by the District Court because the Hereros failed to state a claim in their complaint. On 10 April 2007, the dismissal was affirmed by the Court of Appeals.


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