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Hategekimana: Ildephonse Hategekimana v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Ildephonse Hategekimana was born in Mugina Commne, Gitarama Prefecture, Rwanda. In 1994, during the events in Rwanda, he held the rank of lieutenant in the Rwandan army. As determined by Trial Chamber II of the Tribunal, during the relevant period covered by the indictment, Hategekimana was the commander of the Ngoma Military Camp in Butare Prefecture.

On 7 September 2007, the Prosecutor of the Tribunal requested the transfer of Hategekimana’s case for trial before Rwandan courts. On 19 June 2008 the Chamber rejected the request due to fears that the Accused would not receive a fair trial in Rwanda. Therefore, the case was tried before Trial Chamber II of the ICTR. On 16 March 2009, Hategekimana was found guilty by the Trial Chamber of genocide, murder as a crime against humanity and rape as a crime against humanity for his role in ordering the killing of Tutsi refugees at the Ngoma church. He was sentenced to life imprisonment.

Hategekimana appealed the Trial judgment on seven grounds, challenging his convictions and his sentence. The Appeals Chamber dismissed all grounds of Appeal and affirmed Hategekimana’s sentence of life imprisonment. 


Kanyarukiga: Gaspard Kanyarukiga v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Gaspard Kanyarukiga is a Rwandan national. At the time of the genocide in April 1994, he was a businessman who owned a pharmacy in the Nyange Trading Centre, in Kivumu commune. Trial Chamber II of the Tribunal found him guilty of participating in planning the destruction of the Nyange church on 16 April 1994, which resulted in the killing of approximately 2,000 Tutsi civilians. He was convicted under Article 6(1) of the Statute of the Tribunal for planning genocide and extermination as crime against humanity. He received a sentence of 30 years’ imprisonment.

Kanyarukiga submitted 72 grounds of appeal and the Prosecution submitted 2 grounds of appeal against the Trial Chamber’s judgment. The Appeals Chamber dismissed all the grounds of appeal, upheld his convictions for planning genocide and exterminations as a crime against humanity and affirmed the original sentence of 30 years’ imprisonment imposed on him.  


Ntabakuze: Aloys Ntabakuze v. The Prosecutor

Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Aloys Ntabakuze is an ex-Commander of the Rwandan Para-Commando Battalion. On 18 December 2008 the Tribunal found him guilty of genocide, crimes against humanity, namely murder, extermination, persecution and other inhumane acts, and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (violence to life). He appealed the judgment on 37 grounds. The Appeals Chamber agreed with the Trial Chamber’s ruling that Ntabakuze was guilty as a superior for the participation of members of the Para-Commando Battalion in the killings committed at Nyanza hill on 11 April 1994 and at IAMSEA around 15 April 1994. However, the Chamber reversed Ntabazuke’s convictions for stopping the refugees killed at Nyanza hill from seeking sanctuary and for the killings in Kabeza on 7 and 8 April 1994, as well as for murder as a crime against humanity. The Appeals Chamber also set aside the Trial Chamber’s finding of Ntabakuze’s responsibility for the crimes committed by militiamen. Thus, his sentence to life imprisonment was reversed and he was sentenced to 35 years of imprisonment instead.


Popović and Stojanović : War Crimes Prosecutor v. Sreten Popović a/k/a "Pop" and Miloš Stojanović a/k/a "Šešelj"

, 9 May 2012, Trial Chamber, Higher Court's War Crimes Department, Belgrade, Serbia-Montenegro


Jević et al.: The Prosecutor v. Jević et al.

Verdict at First Instance, 25 May 2012, State Court of Bosnia & Herzegovina (War Crimes Chamber), Bosnia and Herzegovina

In October 1991, the Republic of Bosnia and Herzegovina declared independence from Yugoslavia resulting in a civil war between the Bosnian Serbs and the Bosniaks (Bosnian Muslims) in order to gain control of territory. The enclave of Srebrenica, near the border with Serbia, became a refuge for Bosniak civilians from nearby areas a Bosnian Serb forces obtained greater control over the surrounding area. A UN peacekeeping compound was based at Potocari in Srebrenica composed of lightly armed Dutch peacekeepers who were entrusted with keeping the area free from attack.

From 6 to 8 July 1995, Bosnian Serb forces attacked the Srebrenica enclave and shelled the township and on 11 July 1995, Bosnian Serb troops entered Srebrenica unopposed.

The Bosnian Serb troops proceeded to separate the women, children and elderly men from the military aged and able bodied males. The former group were loaded onto buses and transported to areas under the control of the Bosnian Serb Army. The men were hoarded onto separate buses and, in the coming days, were detained and summarily executed by members of the VRS (Republika Srpska Army) and police units including the 1st Company of the Jahorina Training Center of the Special Police Brigade of the MUP RS (Republika Sprska Ministry of the Interior). Some 40,000 people were forcibly transferred and between 7000 and 8000 men were executed.

Duško Jević, Mendeljev Đurić, Goran Marković and Nedo Ikonić all occupied leadership positions within the Jahorina Training Center with Jević being the overall Commander. The War Crimes Chamber of the State Court of Bosnia & Herzegovina convicted Jević and Đurić of genocide for their participation in Srebrenica and sentenced them to 35 and 30 years’ imprisonment respectively. Marković and Ikonić were acquitted. 


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