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Gavrić : Prosecutor's Office of Bosnia and Herzegovina v. Milisav Gavrić

Indictment , 4 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

Milisav Gavrić was born on 18 November 1948. He was a member of the Bratunac Police Station, and the Deputy Chief of the Srebrenica Police Station. On 4 June 2008, Gavrić was indicted by the Prosecutor's Office of Bosnia and Herzegovina. According to the allegations, Gavrić, acting alone or together with other members of the military of the Republika Srpska, committed crimes against Bosniak civilians in the Srebrenica enclave between 10 July and 19 July 1995. The specific crimes included capturing Bosniaks and inflicting injuries on them, the separation of women and men, the transfer of women and children, and the execution of Bosniak men.

On 4 June 2008, a preliminary hearing judge of the Court of Bosnia and Herzegovina issued an indictment against Gavrić, charging him with crimes against humanity.


Gatete: The Prosecutor v. Jean-Baptise Gatete

Judgment and Sentence, 31 Mar 2011, International Criminal Tribunal for Rwanda, Tanzania

Following the death of Rwandan President Habyariamana in April 1994, a series of large scale attacks were launched against the Tutsi population in Rwanda by members of the governing party, the Rwandan Armed Forces, the Interahamwe and civilian militias. In particular, two attacks were launched against Tutsi men, women and children seeking refuge at the Kiziguro and Mukarange parishes. The assailants proceeded to kill thousands of Tutsis and buried their bodies in mass graves.

The International Criminal Tribunal for Rwanda in the present case found that the Accused, Jean-Baptise Gatete, a former mayor, issued instructions to the assailants of these two attacks directing them to kill Tutsis. He additionally provided material support by distributing weapons amongst the assailants. The Tribunal convicted the Accused of genocide and extermination as a crime against humanity and sentenced him to life imprisonment.


Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 7 Jul 2011, Court of Appeal of The Hague, The Netherlands

Between April and July 1994, as much as ten percent of the entire Rwandan civilian population (75 percent of all Tutsis) was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.

The accused, Joseph Mpambara, fled Rwanda for the Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. While the Dutch courts deemed themselves without jurisdiction for genocide, the District Court of The Hague did convict Mpambara for torture.

The Court of Appeal also convicted him for war crimes - inter alia for his participation in a massacre against thousands of refugees in a church - and increased his 20 years' prison sentence to life imprisonment.


Karemera & Ngirumpatse: The Prosecutor v. Edouard Karemera & Matthieu Ngirumpatse

Judgement and Sentence, 2 Feb 2012, International Criminal Tribunal for Rwanda, Tanzania

The Arusha Accords brought an end to the civil war in Rwanda that had opposed the government to the Tutsi dominated Rwandan Patriotic Front. They introduced a transitional multi-party government with Habyarimana of the Mouvement Républicain National pour la Démocratie et le Développement (MRND) as its President. Following the death of the president on 6 April 1994, however, hostilities broke out once more.

The MRND, with the Accused Ngirumpatse as its President and his co-Accused Karemera as its Vice President proceeded to introduce and implement measures designed to target the Tutsi population. They actively supported the Interahamwe, a civilian militia that acted as the youth wing of the MRND, and which was resopnsible for the mass killing as well as the rape and sexual assault of countless Tutsi women. The Accused interfered with the territorial administration in Rwanda, warning local officials to support the Hutu policy and replacing any who opposed the killing of Tutsis. They travelled across governemnt controlled parts of Rwanda and espoused their anti-Tutsi policy with a view to inciting more killings.

By a judgment of 2 February 2012, Trial Chamber III of the International Criminal Tribunal for Rwanda found both Accused guilty of genocide, conspiracy to commit the same, direct and public incitement of the same, rape and extermination as crimes against humanity and the war crime of killing. They were both sentenced to life imprisonment. The judgment comes after 7 years of trial, the withdrawal of three judges, the death of one co-Accused and the controversial decision taking judicial notice that a genocide occurred in Rwanda in 1994, thereby alleviating the Prosecution of having to introduce evidence in order to prove the allegation beyond a reasoinable doubt.


Polyukhovich v. Australia: Polyukhovich v. The Commonwealth of Australia and Another

Order, 14 Aug 1991, High Court of Australia, Australia

Ivan Timofeyevich Polyukhovich was born in the village of Serniki in the Pinsk region, Ukraine. Polyukhovich became an Australian citizen in 1958. In January 1990, a case was brought against Polyukhovich in Australia for his alleged involvement in the mass killing of approximately 850 people from the Jewish ghetto in Serniki village and for killing 24 other people between August and September 1942. Their bodies had been exhumed in June and July 1990. On 18 May 1993, Polyukhovich was acquitted because there was not sufficient evidence to continue with the case.


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