112 results (ordered by relevance)
<< first
< prev
page 21 of
23
next >
last >>
Ntawukulilyayo: The Prosecutor v. Dominique Ntawukulilyayo
Judgement and Sentence, 3 Aug 2010, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Dominique Ntawukulilyayo was the sub-prefect of Gisaraga sub-prefecture in Butare prefecture in 1994. On 20 April 1994, hundreds of thousands of Tutsis and their families escaped attacks and sought refuge at Gisaraga market in Ndora commune. Some of these people were prevented from leaving the market that evening and the following morning by law enforcement personnel and were forced to return to Gisaraga market. From 21 April through 23 April many of the Tutsi refugees left Gisaraga market for Kabuye hill. There, an extensive assault on the refugees was carried out by armed civilians, police and military personnel resulting in the death or serious injury of hundreds, and possibly thousands of men, women, children and the elderly.
On 23 April 1994 the Accused had promised the Tutsi refugees that they would be protected at Kabuye hill, prompting them to go there. Yet, later that day, he transported soldiers to Kabuye hill to participate in the attack against them. For these reasons, Ntawukulilyayo was found guilty of genocide (Count I) and not guilty of complicity (Count II) and incitement (Count III) charges. He was sentenced to 25 years of imprisonment.
Glavaš: Prosecutor's Office of Bosnia and Herzegovina v. Branimir Glavaš
Verdict, 29 Nov 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina
The case of Branimir Glavaš marks the first time that a high-ranking Croatian politician was sentenced for war crimes committed during the Croatian war of independence (1991-1995).
Glavaš has always denied any wrongdoing and he protested his detention and trial in Croatia by going on a 40-day hunger strike in 2006. He considered his case to be politically motivated and Nikica Grzić, his defence attorney, alleged that the trial was based on “political, not legal statements.” Nevertheless, after several appeals, on 2 June 2010, the Croatian Supreme Court sentenced Glavaš to eight years’ imprisonment for the war crimes of murder and torture of civilians. Glavaš attempted to evade sitting out his sentence by fleeing to Bosnia, but to no avail: there, he was arrested as well and the Bosnian courts upheld the verdict issued by their Croatian colleagues.
Ayyash et al.: The Prosecutor v. Salim Jamil Ayyash, Mustafa Amine Badreddine, Hussein Hassan Oneissi and Assad Hasan Sabra
Interlocutory decision on the applicable law: terrorism, conspiracy, homicide, perpetration, cumulative charging, 16 Feb 2011, Special Tribunal for Lebanon (Appeals Chamber), The Netherlands
On 14 February 2005, a bomb in downtown Beirut exploded, killing 22 people, including the former Prime Minister of Lebanon, Rafik Hariri. The Special Tribunal for Lebanon was established by the Security Council in order to prosecute persons responsible for the bombing.
In its interlocutory decision, the Appeals Chamber interpreted the STL Statute to require application of substantive Lebanese law as applied by Lebanese courts, but not before noting that binding international obligations, including customary international law, should inform any such interpretation. The Appeals Chamber held, inter alia, that not only does a customary rule exists between states to suppress terrorist act, but that terrorism is an individual international crime under customary law.
The Special Tribunal for Lebanon Appeals Chamber examined state practice and binding international covenants to assert that the crime of terrorism is “commonly accepted at the international level.” As such, the Chamber derived the key components in formulating a general definition of terrorism: (1) the perpetration of a criminal act; (2) the intent to spread fear among the population or coerce a national or international authority to take some action; (3) and the act involves a transnational element. For the first time, a tribunal of international character has established the existence of a customary rule of international law recognizing an international crime of terrorism in times of peace.
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.
Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
In 1994, Tharcisse Muvunyi held the rank of Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers in Butare Prefecture.
On 11 February 2010, the Trial Chamber of the ICTR convicted Muvunyi of direct and public incitement to genocide based on his statements made at a public meeting at the Gikore Trade Centre in Butare prefecture in early May 1994. He was sentenced to 15 years of imprisonment.
Muvunyi appealed his conviction and sentence and requested the Appeals Chamber to overturn his conviction. The Prosecution also appealed the judgment and requested the Appeals Chamber to increase the sentence to 25 years of imprisonment.
The Appeals Chamber of the ICTR dismissed both appeals and upheld the Accused’s sentence to 15 years of imprisonment.
On 6 March 2012, the President of the ICTR, Judge Vagn Joensen, granted Muvunyi's application for early release since more than three quarters of his sentence had been served.
<< first
< prev
page 21 of
23
next >
last >>