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Rukundo: Emmanuel Rukundo v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, by then an ordained priest, he was appointed a military chaplain in the Rwandan army, a position he occupied throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR had found him guilty of genocide and murder and extermination as crimes against humanity in relation to the events at Saint Joseph’s College and for the killing of Tutsi refugees abducted from the Saint Léon Minor Seminary. On 20 October 2010, the Appeals Chamber affirmed these convictions, but only on the basis of his responsibility for aiding and abetting these crimes rather than committing them.
The Trial Chamber had also convicted Rukundo of genocide for causing serious mental harm to a Tutsi woman when he sexually assaulted her, and sentenced him to 25 years of imprisonment. The Appeals Chamber reversed this conviction for genocide for the sexual assault of the Tutsi woman and reduced Rukundo’s sentence to 23 years of imprisonment.
Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited
Appeal from the United States District Court for the Central District of California, 25 Oct 2011, United States Court Of Appeals For The Ninth Circuit, United States
After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population. In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’.
With the case back at the Court of Appeals, the question to be determined was the scope of the jurisdiction of the ATCA with regard to genocide, war crimes, crimes against humanity arising from a blockade and racial discrimination. The Court held that genocide and war crimes fall within the scope of the ATCA. These norms, according to the Court, are specific, universal and obligatory accepted and extend to corporations. However, the crimes against humanity arising from a blockade and the racial discrimination claims are not and, therefore, the case was remanded to the District Court for further proceedings on the claims of genocide and war crimes.
T.: The Prosecution Service v. T.
Order of the Supreme Court of Denmark, 26 Apr 2012, Supreme Court of Denmark, Denmark
A Rwandan national who had lived in exile in Denmark under a false name was brought before a Danish court for committing genocide, namely heading a death squad and participating in the slaughter of 25,000 Tutsis in a Rwandan town in 1994.
The Danish Supreme Court was asked to decide whether the 1955 Genocide Act permitted Danish courts to prosecute persons accused of genocide, even where the genocide was not committed in Denmark and the Accused was not a Danish national. The Supreme Court reversed the decisions of two lower courts and found that the charge of genocide in Rwanda by a Rwandan national could be raised before Danish courts indeed. The wording of the 1955 Genocide Act made genocide a criminal offense in Denmark, even if it was committed outside Denmark; moreover, Danish law did not require the accused to be a Danish national. It suffices that genocide is a crime both under Danish and Rwandan law: therefore, T. could be prosecuted before a Danish court
Nzabonimana: The Prosecutor v. Callixte Nzabonimana
Judgement and Sentence, 31 May 2012, International Criminal Tribunal for Rwanda, Tanzania
Following the death of Rwandan President Habyariamana in April 1994, an interim government was established in Rwanda within which Callixte Nzabonimana held the position of Minister of Youth and Associative Movements.
The Trial Chamber found that Nzabonimana was a figure of authority in Gitarama as a result of this position and his role in the political party, MNRD. Evidence presented led the Trial Chamber to conclude that the Accused had used this position of authority to direct the Hutu civilian population and commune policemen to attack the Tutsi’s. He did so by making a number of speeches, and further, by threatening local officials with death or replacement in the event that they opposed the killing of Tutsis. His orders were carried out by Hutu civilians and by commune policemen who proceeded to attack and kill Tutsi civilians. Accordingly, the International Criminal Tribunal for Rwanda convicted the Accused of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and extermination as a crime against humanity. He was sentenced to life imprisonment.
The Prosecutor v. Salim Jamil Ayyash, Hassan Habib Merhi, Hussein Hassan Oneissi, Assad Hassan Sabra
Summary of Judgment, 18 Aug 2020, Special Tribunal for Lebanon (Trial Chamber), The Netherlands
On 14 February 2005, explosives equivalent to 2500 kgs of TNT were detonated in Downtown Beirut, killing former PM Rafik Hariri and 21 others and injuring 226 people.
In its judgement of 18 August 2020, the Trial Chamber found Mr. Ayyash guilty of co-perpetrating conspiracy for committing a terrorist act, committing a terrorist act by an explosive device, intentional homicide of Mr. Rafik Hariri with premeditation and by explosive materials, and attempted intentional homicide of 226 persons with premeditation by using explosive materials. The Court’s reasoning was based on the connection of Mr. Ayyash to mobile Red 741, which had been proven to have monitored Mr. Hariri’s movements and prepared for the attack.
The Trial Chamber, however, acquitted Messrs. Oneissi and Sabra for lack of sufficient evidence proving, beyond a reasonable doubt, their complicity to the attack, and acquitted Mr. Merhi for insufficient factual evidence surrounding his actions.
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