112 results (ordered by relevance)
<< first
< prev
page 5 of
23
next >
last >>
Bouterse: Prosecutor-General of the Supreme Court v. Desiré Bouterse
Judgment, 18 Sep 2001, Supreme Court, The Netherlands
Desiré Bouterse, a Surinamese politician, was born on 13 October 1945. Bouterse led a coup d’état in 1980 and became the military leader of Suriname until 1987. Relatives of victims of the so-called December murders of 8 and 9 December 1982, when 15 opponents of the military regime headed by Bouterse were tortured and subsequently killed, brought a complaint against Bouterse in the Netherlands. On 18 September 2001, the Supreme Court of the Netherlands dismissed the action against Bouterse. The Court held that Bouterse could not be prosecuted because he was not connected in any way to the Netherlands. Moreover, the acts committed under the military dictatorship of Bouterse were not criminalised as such at the time they were committed.
Public Prosecutor's Office v. Ahmad al-Y (First Instance)
Judgement, 21 Apr 2021, District Court of The Hague, The Netherlands
Ahmad al-Y. was convicted of two crimes: the war crime of outrage upon personal dignity and participation in a terrorist organisation. The court holds that the accused fought alongside Ahrar al-Sham in the Syrian Civil War and considers this organisation to have terrorist intent. Therefore, the accused is convicted for participation in a terrorist organisation.
The court finds the accused also guilty of the war crime of outrage upon personal dignity. Al-Y. can be seen in a video alongside other fighters celebrating a battlefield victory around a deceased person and putting his foot on the body of the deceased person. This conduct, in combination with other acts of the accused in the video, is humiliating and degrading enough to meet the threshold of this crime. In another video, in which the accused is roughly interrogating a captured soldier, this threshold is not met.
Ahmad al-Y. is sentenced to a combined six years of imprisonment, which is a relatively low sentence due to mitigating circumstances.
Public Prosecutor's Office v. Ahmad al-Y (Appeal)
Judgement, 6 Dec 2022, Court of Appeal of The Hague, The Netherlands
Ahmad al-Y. was accused of two crimes: the war crime of outrage upon personal dignity and participation in a terrorist organisation. The court finds that the accused fought in Syria alongside the terrorist organisation Ahrar al-Sham and he is therefore convicted of participation in a terrorist organisation.
Unlike the Court of First Instance, the Court of Appeal does not find the suspect guilty of the war crime of outrage upon personal dignity. The videos show the accused spitting towards the deceased person and putting his foot near a body, while he was celebrating a victory over soldiers of the Syrian Government. Although the actions of him and his fellow fighters are disrespectful and distasteful, the court finds that this conduct does not meet the threshold necessary for this crime. The conduct is not degrading or humiliating enough. The victims are not severely suffering and are not displayed as a trophy.
The accused is sentenced to five years and four months of imprisonment, which is lower than usual, since the case took unreasonably long.
Mpambara: Public Prosecutor v. Joseph Mpambara
Interlocutory Decision, 24 Jul 2007, District Court of The Hague, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
By a decision of 24 July 2007, the District Court of The Hague determined that it did not have jurisdiction to try the Accused for crimes of genocide as it lacked a statutory basis to do so. Further, it could not exercise indirect jurisdiction as one of the three criteria set out in the Dutch Penal Code was not met.
Bagaragaza: Public Prosecutor v. Michel Bagaragaza
Request for surrender, 21 Mar 2008, District Court of The Hague, The Netherlands
Until July 1994, Michel Bagaragaza was the managing director of OCIR-Tea, the controlling body for the tea industry in Rwanda. Bagaragaza is accused of conspiring with his employees in order to kill Tutsis in the Gisenyi Prefecture. In addition, he was a member of the local committee of the Republican Movement for Development and Democracy (MRND) for the Gisenyi Prefecture. Bagaragaza was indicted by the International Criminal Tribunal for Rwanda on charges of genocide, and in the alternative, war crimes. His case was referred to The Netherlands at the request of the Prosecutor of the ICTR.
However, a decision of the District Court of The Hague in a case against another Rwandan national, Joseph Mpambara, in which the Court held that the Dutch courts have no jurisdiction over genocide committed by non-Dutch nationals abroad prior to 2003, was released soon after Bagaragaza's surrender to The Netherlands. Fearing that the outcome would be the same and the case against him would not proceed in The Netherlands, the ICTR requested The Netherlands to surrender Bagaragaza back to the ICTR for prosecution. By a decision of 21 March 2008, the District Court of The Hague authorised the surrender.
<< first
< prev
page 5 of
23
next >
last >>