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Lubanga: The Prosecutor v. Thomas Lubanga Dyilo

Decision on Sentence Pursuant to Article 76 of the Statute (Public), 10 Jul 2012, International Criminal Court (Trial Chamber I), The Netherlands

The armed conflict in the Democratic Republic of the Congo opposed numerous tribes of different ethnicities in their struggle to gain power and territory, particularly over the Ituri province in the north-eastern part of the DRC, an area rich in natural resources such as gold and diamonds. One such group, the Union Patriotique des Congolais, was established in 2000 and appointed Lubanga as its chairman. He was also the commander in chief of the armed wing of the UPC, the Front Patriotique pour la Libération du Congo. This armed group was well known for its use of young children to participate in the hostilities, from fighting, to cooking, cleaning, spying, and being used as sexual slaves.

Lubanga was convicted by Trial Chamber I in the International Criminal Court’s first verdict for the war crime of conscripting, enlisting or using children under the age of 15 to actively participate in hostilities. He was sentenced to 14 years’ imprisonment on 10 July 2012, with credit for the 6+ years he had spent in detention in the Netherlands during his trial. In determining the appropriate sentence, the Court assessed the gravity of the crimes by considering the age and particular vulnerability of the victims. However, it also considered that Lubanga’s cooperation with the Court and respectful attitude even despite the Prosecution’s conduct merited mitigation. 


Public Prosecutor v. Stanislas Mbanenande

Judgment , 19 Jun 2014, Swedish Court of Appeal, Sweden


Harun P: Prosecutor v. Harun P

Judgment, 15 Jul 2015, Oberlandesgericht München, Germany

On 15 July 2015, German foreign fighter Harun P was convicted of membership in a foreign terrorist organisation and attempted murder in relation to his time in Syria in 2013 and 2014. Harun P had travelled to Syria in 2013 and joined the terrorist group Junud al-Sham. Subsequently, he confessed to participating in a large scale attack on a prison in Aleppo and to firing a mortar blindly into a populated industrial area in Syria. Since his return, he has distanced himself from his former views and cooperated significantly with the police. Harun P was ultimately sentenced to 11 years’ imprisonment.


Nchamihigo: The Prosecutor v. Siméon Nchamihigo

Judgement and Sentence, 12 Nov 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwandan genocide, Siméon Nchamihigo was the Deputy Prosecutor in Cyangugu prefecture.

Nchamihigo was charged with genocide (Count 1), murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4). On 24 September 2008, Trial Chamber III of the ICTR found that on 7 April 1994, the Accused told Interahamwe to search for and kill Tutsi with the intention to destroy the Tutsi ethnic group and other civilians who were RPF accomplices, as part of a widespread attack against civilians in Cyangugu. The Chamber also concluded that he had participated in various attacks on refugee locations, that he had attended the prefecture Security Council meetings on 11 and 14 April 1994, and that certain of the massacres had been planned during these meetings. Based on the findings, the Trial Chamber convicted Nchamihigo on all counts and sentenced him to life imprisonment. 


Mamani v. De Lozada & Berzain: Mamani et al. v. Sánchez de Lozada, and Mamani et al. v. Sánchez Berzain

Decision on Appeal, 29 Aug 2011, United States Court of Appeals for the Eleventh Circuit, United States

Nine relatives of people killed during a series of national protests in Bolivia in October 2003, brought a case in the U.S. against the former President of Bolivia, Sánchez de Lozada, and the former Minister of Defence of Bolivia, Sánchez Berzaín. The plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín were responsible for the killing of more than 400 people in Bolivia during the suppression of the protests directed against the government’s policies. In particular, the plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín gave orders to the Bolivian security forces to use deadly force against protestors. The plaintiffs asked for compensation. On 29 August 2011, a U.S. Court of Appeals dismissed their claims because they had not presented enough evidence to establish a link between both Sánchez de Lozada and Sánchez Berzaín and the killings.


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