Search results

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to murder, first as a crime against humanity. Later, the Appeals Chamber ordered that he be allowed to replead before a new Trial Chamber, during which he pleaded guilty to murder as a war crime. 

In order to determine the appropriate sentence, Trial Chamber II assessed the aggravating and mitigating factors. 

The magnitude of the crimes at the Pilica farm (Bosnia and Herzegovina), and Erdemović’s role in them were considered as aggravating circumstances. Turning to the mitigating circumstances, Trial Chamber II took into consideration Erdemović’s personal circumstances, his admission of guilt, his expression of remorse, and his cooperation with the Prosecution. Trial Chamber II found that Erdemović committed the crimes under duress, that is, in fear that he would be killed should he disobey the orders to kill the Bosnian Muslims. Accordingly, Trial Chamber II considered this as a mitigating factor. 

Erdemović was sentenced to 5 years’ imprisonment. 

The Accused, Alfred Musema, was director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. The Prosecutor alleged that on various occasions during April, May and June 1994, Musema transported armed attackers, including employees of the factory, to different locations in Gisovu and Gishyita communes and ordered them to attack Tutsis seeking refuge there. He also personally took part in such attacks and killings. The indictment against Musema was later amended to include charges that he committed various acts of rape and that he ordered and encouraged others to rape and kill Tutsi women.

With regard to certain allegations concerning specific attacks, Trial Chamber I of the ICTR found that either the evidence presented was not sufficient or that Musema's alibi cast doubt on the Prosecution evidence. The Chamber was satisfied nevertheless that Musema had participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during late-April and mid-May and his alibi for that period was not accepted. The Chamber also found that he had raped a woman named Nyiramusugi and, by his example, encouraged others to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment.  

Anto Furundžija was the commander of a special unit of the Croatian Defence Council called the “Jokers.” He was brought before the ICTY for the commission of crimes against Bosnian Muslims who were interrogated at the headquarters of the “Jokers” (in Nadioci, Bosnia and Herzegovina) in May 1993. During the interrogations, those detained were subjected to sexual assaults, rape and other physical and mental suffering. Trial Chamber II found Furundžija guilty of torture and outrages upon personal dignity including rape (as violations of the laws or customs of war). Subsequently, he was sentenced to 10 years of imprisonment.

Furundžija appealed against the judgment of Trial Chamber II, arguing that he was denied the right to a fair trial; that the evidence was insufficient to convict him; that the reliance on evidence of acts that were not charged in the indictment was improper; that the presiding judge should have been disqualified; and that the imposed sentence was excessive. 

The Appeals Chamber, unanimously, dismissed all grounds of appeal of Furundžija and affirmed his sentence of 10 years of imprisonment. 

Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were brought before the ICTY for their roles in the commission of crimes against the Bosnian Muslim civilians between April 1992 and February 1993. During this time, an armed conflict existed between the Bosnian Serbs and the Bosnian Muslims, and the Bosnian Serb Army and paramilitary groups detained Bosnian Muslim women and subjected them to repeated rapes, torture and other mistreatments.

The Trial Chamber found that Dragoljub Kunarac, Radomir Kovač, and Zoran Vuković were guilty of crimes against humanity and violations of laws or customs of war, sentencing them to 28, 20, and 12 years of imprisonment, respectively.

The three Appellants raised several grounds of appeal, arguing that the Trial Chamber erred in several of its factual and legal findings. Among others, the Appellants argued that the Trial Chamber erroneously assessed the contextual elements of crimes against humanity and war crimes as well as the separate definitions of the charged offences of enslavement, rape, torture, and outrages upon personal dignity.

The Appeals Chamber rejected all grounds of appeal adduced by the Appellants. Subsequently, it affirmed the sentences imposed by the Trial Chamber.

Indonesia illegally occupied East Timor from 1975 until 2002. During this period, the Indonesian Armed Forces (TNI) and numerous militia groups perpetrated a number of abuses against the civilian population of East Timor, particularly those believed to be independence supporters.

The Accused, Gaspard Leki, was a TNI member. In September 1999, Leki was under orders to attack a Timorese village, to burn down the houses and to shoot the civilians. In the course of carrying out these orders, he and five militia members under his command came across a group of persons hiding out in a nearby cave. These persons were forced by Leki to abandon the cave and follow him to another village. During this movement, Leki fired a shot at a target some 200 metres away, believing it to be a pig. In fact, the target was a human being who died as a result of the shot. The Special Panels for Serious Crimes considered that the mistake made by Leki as to the identity of the target he was shooting at acquits him of murder as he did not possess the necessary intention to kill another individual, as required by the applicable law. However, he was convicted for negligence as the Panel considered that Leki should have exercised greater caution in shooting. He was sentenced to 11 months’ imprisonment.