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RMS v. The Netherlands: Government in exile of the Republic of South Moluccas (RMS) v. The Netherlands
Uitspraak, 22 Nov 2011, Court of Appeal of The Hague, The Netherlands
The President of Indonesia, Susilo Bambang Yudhoyono, had planned a visit to the Netherlands from 6 to 8 October 2010. The government in exile of the Republic of South Moluccas (RMS) filed a complaint in the Netherlands and requested the Indonesian President to be arrested upon arrival in the Netherlands, and furthermore, that he would be prosecuted for human rights violations committed against Moluccan detainees.
On 14 October 2010, the District Court of The Hague dismissed the case because President Yudhoyono as head of state could not be prosecuted (head of state immunity).
On 22 November 2011, the Court of Appeal upheld the decision.
Karajić : Prosecutor's Office of Bosnia and Herzegovina v. Suljo Karajić a/k/a Hodža
Second Instance Verdict , 28 Nov 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, Appellate Division, Bosnia and Herzegovina
Ntawukulilyayo: Dominique Ntawukulilyayo v. The Prosecutor
Judgement, 14 Dec 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Dominique Ntawukulilyayo was the sub-prefect of the Gisaraga sub-prefecture within Butare prefecture, in Rwanda, from 21 September 1990 until he left Rwanda in July 1994.
On 3 August 2010, the Trial Chamber of the ICTR convicted Mr. Ntawukulilyayo of genocide for ordering, as well as aiding and abetting, the killings of Tutsi civilians at Kabuye hill in April 1994. He was sentenced to 25 years of imprisonment.
Ntawukulilyayo appealed his conviction. On 14 December 2011, the Appeals Chamber of the ICTR acquitted him of the charge of ordering the killings at Kabuye hill. Nevertheless, the Appeals Chamber agreed with the Trial Chamber that the Accused was guilty of aiding and abetting genocide by instructing the refugees who had gathered at Gisaraga market to move to Kabuye hill, and by transporting soldiers who participated in the attack at Kabuye hill on 23 April 1994. His sentence was reduced to a term of 20 years of imprisonment.
Bagosora & Nsengiyumva: Théoneste Bagosora and Anatole Nsengiyumva v. The Prosecutor
Judgement, 14 Dec 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Anatole Nsengiyumva served as Head of the Intelligence Bureau of the Army General Staff and Commander of the Gisenyi Operational Sector from June 1993 to July 1994. He was initially found guilty by Trial Chamber I of the ICTR on 18 December 2008 of genocide, crimes against humanity (murder, extermination, persecution, and other inhumane acts), and violence to life for ordering the killings in Gisenyi town on 7 April, Mudende University, Nyundo Parish and aiding and abetting the killings in Bisesero. The Chamber later reversed some of these convictions and it set aside his sentence to life imprisonment imposing on him a sentence of 15 years imprisonment instead.
Théoneste Bagosora was appointed directeur de cabinet for the Ministry of Defence in June 1992, where he served until July 1994. The Trial Chamber I convicted him for genocide, crimes against humanity (murder, extermination, persecution, other inhumane acts, and rapes), and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (violence to life and outrages upon personal dignity), for his participation in the events in Rwanda in 1994. The Appeals Chamber reversed some of these convictions, setting aside his sentence to life imprisonment and sentencing him to 35 years of imprisonment instead.
Mbarushimana: The Prosecutor v. Callixte Mbarushimana
Decision on the confirmation of charges, 16 Dec 2011, International Criminal Court (PTC I), The Netherlands
Following the 1994 genocide in Rwanda and the success of the Rwandan Patriotic Front in gaining control of the country, members of the former Rwandan Armed Forces (FAR) and the Interahamwe militia who were widely considered to be responsible for the genocide, fled to the Kivu provinces in the Democratic Republic of the Congo. These exiled forces organised themselves into political and military groups designed to oppose the new Rwandan government.
One of these groups was the Forces Démocratiques pour la Liberation du Rwanda (FDLR) led by Ignace Murwanashyaka. The FDLR, composed of a military and a political wing, was coordinated by its Steering Committee of which the Suspect, Callixte Mbarushimana, was a member. The Office of the Prosecutor at the International Criminal Court (ICC) alleges that Mbarushimana was responsible for the FDLR’s perpetration of attacks against the civilian populations in the Kivu provinces throughout 2009. The objective of these attacks, which included murder, rape, torture, mutilation and pillage, was to create a humanitarian catastrophe that would place pressure on the international community and draw attention to the FDLR’s political demands.
Pre-Trial Chamber I of the ICC declined to confirm the charges of war crimes and crimes against humanity against Mbarushimana thereby refusing to allow the case to continue to trial on the grounds that the Prosecution had not proved a number of key elements including the existence of a policy to attack the civilian population, and the existence of a group of persons acting with the common purpose of perpetrating crimes. Mbarushimana was subsequently released from the custody of the ICC and returned to France where he had been living since fleeing Rwanda.
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