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Lucic: The Prosecutor v. Krešo Lucic
Verdict, 19 Sep 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict in the Former Yugoslavia, Krešo Lučić was a commander of the Croatian Defence Council (HVO) Military Police in Kreševo, and participated in the imprisonment and torture of Bosniak civilians in 1993. The HVO led widespread and systematic attacks on the Bosniak civilian population. Lučić allegedly ordered the imprisonment of these civilians in the premises of the Ivo Lola Ribar Elementary School and in the Šunje warehouse in Kreševo and also physically abused and tortured Bosniaks who were imprisoned.
He was charged with illegal detention, torture and inhumane acts as crimes against humanity. For a crime to be considered a crime against humanity, it is necessary that it is proven these crimes were part of widespread and systematic attacks against the civilian population. The Court considered this proven since this had already been decided in other cases before the ICTY. The Court found him guilty on three counts and acquitted him from abusing one person. He was sentenced to six years’ imprisonment.
Mugenzi & Mugiraneza: Justin Mugenzi and Prosper Mugiraneza v. The Prosecutor
Judgement, 4 Feb 2013, International Criminal Tribunal for Rwanda, Tanzania
Following the death of Hutu Rwandan President Juvénal Habyarimana on 6 April 1994, the newly installed and Hutu dominated Interim Government adopted and implemented a policy to execute all Tutsi civilians and moderate Hutu. Some 800,000 people died in the course of the genocide.
The Appellants in the present case, Justin Mugenzi and Prosper Mugiraneza held the posts of Minister for Trade and Civil Service respectively in the Interim Government. They were convicted by Trial Chamber II of the International Criminal Tribunal for Rwanda and sentenced to 30 years’ imprisonment for conspiracy to commit and direct and public incitement to commit genocide. Their conviction was based upon their role in the decision to remove the Tutsi prefect of Butare and their presence at the installation ceremony of the new prefect at which Interim President Sindikubwabo incited the massacre of Tutsi civilians in Butare. The Appeals Chamber overturned the decision of the Trial Chamber on the grounds that the Appellants did not possess the necessary intent for conspiracy and direct and public incitement to commit genocide. They were consequently acquitted of all charges and released.
Prosecutor v. Shukri F.
Judgment, 7 Jul 2016, Court of Appeal of The Hague, The Netherlands
On 1 December 2014 Ms. Shukri F., a young Dutch woman, was acquitted on two charges by the District Court of The Hague. She was charged with 1) recruiting people to join the armed struggle in Syria, and; 2) incitement to commit terrorist crimes and dissemination of and collecting inciting material. Although the Court acquitted her, the Prosecutor appealed.
The defendant was allegedly active in spreading the virtues of Islamic orthodoxy in multiple ways. First, she used social media and gave lectures about Islam. Second, she encouraged multiple women (some underage) to marry and to depart to Syria. Third, she married a man who she supported in his wish to go to Syria. After he had left for Syria she divorced him and married another man, Maher H., who she also encouraged to depart to Syria.
The Court of Appeal ruled that it could not establish that the defendant recruited people to join the armed struggle in Syria. It could establish, however, that 2 videos she had posted on Twitter amounted to the dissemination of inciting materials. For that reason she was sentenced to a suspended imprisonment term of 6 months and a probation period of 2 years.
Eichmann: Attorney General v. Adolf Eichmann
Judgment, 11 Dec 1961, District Court of Jerusalem, Israel
The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.
The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.
He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death. He was unsuccessful in contesting the jurisdiction of the Court or defending his actions by relying on superior orders.
Ndindabahizi: Emmanuel Ndindabahizi v. The Prosecutor
Judgement, 16 Jan 2007, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Emmanuel Ndindabahizi, was Minister of Finance of the Interim Government of Rwanda from 9 April 1994 until he left Rwanda on 13 or 14 July 1994.
On 15 July 2004, Trial Chamber I found Ndindabaizi guilty of one count of genocide and two counts of crimes against humanity (extermination and murder) for his role in the events at Gitwa Hill and at the Gaseke roadblock. Ndindabahizi appealed against his convictions and his sentence.
The Appeals Chamber upheld Ndindabahizi's convictions for genocide and extermination as a crime against humanity for his participation in the events at Gitwa Hill in late April 1994 which resulted in the death of thousands of Tutsi. The Chamber reversed the convictions for genocide and murder in relation to the killing of one victim at Gaseke roadblock. Nevertheless, the Appeals Chamber underlined that Ndindabahizi's criminal responsibility had to be determined according to the entirety of his contribution to the Rwandan genocide. Hence the Chamber unanimously held that his acquittal for the murder of one victim did not diminish the gravity of his actions and it confirmed the life sentence imposed on him.
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