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In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic. In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.

In the present decision, the Supreme Court upheld the earlier decisions of the District Court of The Hague and the Court of Appeal of The Hague confirming that the UN enjoys absolute immunity from prosecution, even in light of the gravity of the accusations alleged by the Mothers of Srebrenica.

T, a Rwandan national who had lived in exile in Denmark under a false name since 2001, was brought before a Danish court in 2011 for committing genocide, namely heading a death squad and participating in the slaughter of 25,000 Tutsis in a Rwandan town in 1994.

While the Rwandan authorities requested T's extradition in February 2012, the Danish Supreme Court decided on 26 April 2012 that T. could be prosecuted in Denmark for genocide. Nevertheless, on 29 June 2012 the Minister of Justice decided that T. was to be extradited to Rwanda. T. challenged this decision, but both the first instance and appeals courts dismissed his arguments.

In last instance, the Supreme Court found, referring inter alia to the Sweden v. Ahorugeze-decision on extradition in a rather similar situation, that there was no reason to not extradite T. It confirmed the earlier decisions.

Following the death of Rwandan President Habyariamana on 6 April 1994, ethnic tensions in Rwanda between the Hutu and Tutsi populations reignited. President Habyariamana’s political party, the Mouvement Républicain National pour le Développement et la Démocratie (MRND) and its youth militia wing, the Interahamwe, began perpetrating a number of widespread abuses against Tutsis and moderate Hutu’s as punishment for what many perceived to be the deliberate death of the former Hutu president.

Georges Rutaganda was a member of the MRND and the Second Vice President of the Interahamwe since 1991. The Trial Chamber of the International Criminal Tribunal for Rwanda found that he had used his position of authority over the Interahamwe to distribute weapons, order the separation of the Hutu from the Tutsi and direct the massacre of thousands of Tutsis, particularly in connection with incidents at the Amgar garage and the Technical College, ETO. He was convicted of genocide and murder and extermination as crimes against humanity and sentenced to life imprisonment.

On appeal by both the Prosecution and counsel for Rutaganda, the Appeals Chamber had the occasion to clarify the law applicable to the special intent for the crime of genocide and the nexus requirement for war crimes. As a result of its findings in the latter area, the Appeals Chamber entered two new convictions for murder as a war crime, the first conviction of this kind before the Tribunal. Rutaganda’s sentence was confirmed and he was transferred to Benin where he died in prison on 11 October 2010.

On 1 December 2003, Trial Chamber II of the ICTR sentenced Kajelijeli to two concurrent life terms for genocide and extermination as a crime against humanity and to an additional 15 years imprisonment for direct and public incitement to commit genocide. All three sentences were to run concurrently.

The Appeals Chamber overthrew Kajelijeli's cumulative convictions for genocide and extermination as a crime against humanity under Counts 2 and 6 insofar as they were based upon a finding of command responsibility. However, the Appeals Chamber found that the Trial Chamber was required to take its finding on Kajelijeli’s superior position (Article 6(3)) into account at sentencing as an aggravating factor. The Appeals Chamber found that the Trial Chamber had done so. The appeal was dismissed in all other respects.

However, the Appeals Chamber ruled that in view of the serious violations of his fundamental rights during his arrest and detention in Benin and at the UN detention facility from 5 June 1998 to 6 April 1999, the two life sentences and the 15 year sentences which were to run concurrently imposed by the Trial Chamber should be converted into a single sentence of imprisonment for 45 years. The Appeals Chamber ordered that Kajelijeli be given credit for time already served in detention.

From late May until mid-July 1994 Jean de Dieu Kamuhanda was Minister of Higher Education and Scientific Research in the Interim Government of Rwanda. He was also a member of the Mouvement Républican National pour le Développement et la Démocratie (MRND) in Kigali-Rural préfecture.

On 22 January 2004, Trial Chamber II of the ICTR found Kamuhanda guilty of genocide and extermination as a crime against humanity. The Trial Chamber sentenced him to imprisonment for the remainder of his life. The Accused had supervised the killings in Gikomero commune, Kigali-Rural prefecture. He had distributed firearms, grenades and machetes to the Interahamwe militia. He had also led the attacks at the parish church and adjoining school in Gikomero, where several thousand Tutsi civilians were killed.

Kamuhanda raised 15 grounds of appeal. The Appeals Chamber of the ICTR dismissed the Trial Chamber’s finding that Kamuhanda had instigated and had aided and abetted genocide and extermination. However, the Appeals Chamber found that the Trial Chamber had correctly held Kamuhanda responsible for ordering genocide and extermination and ruled that vacating the findings that Kamuhanda had instigated and had aided and abetted the crimes did not require the imposition of a lighter sentence.