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Musema: Alfred Musema v. The Prosecutor

Judgement, 16 Nov 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

The Accused, Alfred Musema, was formerly director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. On January 27 2000, Trial Chamber I of the ICTR convicted him of genocide and crimes against humanity and sentenced him to life imprisonment.

Musema submitted six grounds of appeal against his conviction and argued that the sentence imposed by the Trial Chamber had been too severe.

On 16 November 2001, the Appeals Chamber confirmed Musema's conviction for genocide and for extermination as a crime against humanity. The Chamber also upheld the sentence of imprisonment for life for those crimes. Musema’s conviction for rape as a crime against humanity was set aside by the Appeals Chamber on the basis of new evidence which it heard.

With regard to the appeal against the sentence, the Appeals Chamber noted that the quashing of his conviction for rape could not affect the exceptional gravity of the crimes for which he had been convicted. The Accused failed to demonstrate that the Trial Chamber had committed any error that would invalidate the sentence of imprisonment for life. 


Christopher et al. v. Harbury: Warren Christopher et al. v. Jennifer K. Harbury

Certiorari to the United States Court of Appeals for the District of Columbia Circuit, 20 Jun 2002, Supreme Court, United States


Sedyono et al.: The Deputy General Prosecutor for Serious Crimes v. Col. Herman Sedyono et al.

Indictment, 8 Apr 2003, District Court of Dili, Special Panel for Serious Crimes, East Timor

Following the decision of the Indonesian government taken in early 1999 to offer East Timor the opportunity to vote for independence or for autonomy within the Republic of Indonesia, violence erupted in East Timor. The defendants in this case took part in a widespread or systematic attack directed against civilians that were in favour of an independent East Timor. One of the accused, Herman Sedyono, was the Bupati (District Administrator) of the Covalima District, one of the 13 districts in East Timor. As such, he was bearing the primary responsibility for maintaining peace and security in the region. Most of the other accused were Commander or just member of the Indonesian security authorities (TNI) or the Indonesian police force (POLRI), which were both promoting autonomy within the Republic of Indonesia.

In 1999, the Mahidi and the Laksaur pro-Indonesian militia groups, with the help of the TNI and POLRI, and with support from the Covalima District administration, repeatedly committed attacks against the Covalima population (mainly against those that were in favour of independence). The attacks involved crimes such as unlawful arrests, destruction of property, detention, and murder. The 16 accused were charged with encouraging, assisting and failing to stop, arrest or prosecute the perpetrators of the crimes.


Gacumbitsi: The Prosecutor v. Sylvestre Gacumbitsi

Judgment, 17 Jun 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

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

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He 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. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 


Lekaj: Office of the War Crimes Prosecutor v. Anton Lekaj (aka "Pinđo" aka "Balt")

Indictment, 7 Jul 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro

Anton Lekaj, born in 1980, was a member of the ‘Cipat’ group within the military police forces of the Kosovo Liberation Army (KLA). In 1999, there was an ongoing conflict between the Federal Republic of Yugoslavia, Serbia and Kosovo.

Between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed.

Lekaj was arrested in August 2004 and charged with war crimes against civilians. He was subsequently tried in Serbia. On 18 September 2006, he was found guilty for his participation in the crimes and was sentenced to 13 years imprisonment.


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