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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.
Ntakirutimana & Ntakirutimana: The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana
Judgement, 13 Dec 2004, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.
Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.
Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.
The Defence and Prosecution appeals were dismissed in all other respects.
Larmond: R. v. Larmond
Comments on Sentence, 26 Aug 2016, Superior Court of Justice, Ontario, Canada
On 26 August 2016, the Larmond brothers and Suliman Mohamed pleaded guilty to terrorist offences related to the Islamic State and Syria. They had planned to travel to Syria to join the Islamic State and had attempted this travel on several occasions. One of the twin brothers, Ashton Larmond, was the group’s leader and had previously had his passport revoked prior to heading to Syria via Turkey. His twin brother, Carlos Larmond, was arrested at the airport on his way to Syria, via India. Suliman Mohamed had planned to travel to Syria but had not been able to obtain a passport. In their sentencing remarks, Judge McKinnon compared home grown terrorists, such as the defendants, to “a particularly virulent form of cancer that must be aggressively eradicated”. Ashton was sentenced to 17 years’ imprisonment, and Carlos and Suliman were both sentenced to 7 years’ imprisonment.
Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Judgment, 22 Feb 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
In March 1997, members of the Sierra Leone Army overthrew the government of President Kabbah and installed a new government, the Armed Forces Revolutionary Council.
Brima, Kamara and Kanu were high-ranking members of the AFRC who were convicted by Trial Chamber II of the Special Court for Sierra Leone of war crimes and crimes against humanity. In particular, they ordered, committed, planned or were responsible as superiors for the murders, beatings, mutilations, rapes, forced marriages, abductions, looting, collective punishments and recruitment of child soldiers perpetrated by the AFRC forces. They were sentenced to 50 years’ imprisonment (Brima and Kanu) and 45 years’ imprisonment (Kamara). On appeal, the Appeals Chamber upheld the convictions and the sentencing, despite protests from the Accused that the terms of imprisonment were excessively harsh. The Chamber also made legal findings with respect to forced marriage, finding that it is a distinct crime against humanity from sexual slavery, a novelty in international criminal law.
De Jesus: Deputy General Prosecutor for Serious Crimes v. Paulino de Jesus
Final Judgement, 26 Jan 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
Indonesia’s illegal occupation of East Timor from 1975 until 2002 was characterised by the perpetration of a number of attacks against the civilian population, particularly those suspected of being pro-independence supporters.
One such attack occurred on the village of Lourbs in September 1999 when members of the Indonesian Armed Forces (TNI) and various militias burnt down homes, and wounded and killed a number of persons. In the course of this attack, a young girl was abducted by TNI soldiers and stabbed through the back; her mother was shot through leg as she attempted to save her. The Prosecution alleged that the Accused, Paulino de Jesus, was responsible for the murder of the little girl and indirectly for the wounding of her mother although he is not alleged to have fired the shot.
The Special Panels for Serious Crimes acquitted De Jesus on the grounds that the witness evidence did not establish with sufficient certainty either that he was present in the village at the time of the attack, or that he was the author of the charged crimes.
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