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In 1998 the Kosovo Liberation Army engaged in a campaign against civilians in Dukagjin, Kosovo. The three accused, Haradinaj, Balaj and Brahimaj were indicted on charges of war crimes and crimes against humanity for their roles in these crimes.

The Trial Chamber, however, found that only Brahimaj was guilty on two counts of war crimes.

The Appeals Chamber examined the findings of the Trial Chamber and the arguments of both the Prosecution and Brahimaj. It decided to grant the first ground and partially grant the third ground of appeal of the Prosecution. For the first ground, it held that the Trial Chamber failed to ensure that potentially important evidence will be presented during the trial. Therefore, it ordered the re-trial of the three accused for certain counts. For the third ground, it ruled that the Trial Chamber erred in its findings relating to the crime of cruel treatment. Although it ruled that this crime did occur, the Appeals Chamber found Balaj not liable for it, and upheld the acquittal.

Out of the 19 grounds of appeal of Brahimaj, the Appeals Chamber only partially granted one, on the basis of errors in the Trial Chamber's findings with regard to the charges on torture.

Fofana and Kondewa were leaders in the Civil Defense Forces (CDF), an armed group that was participating in the conflict in Sierra Leone in order to restore the democratically elected government of President Kabbah who had been ousted by a coup of the Revolutionary United Forces (RUF) and Armed Forces Revolutionary Council (AFRC). The Accused were charged with eight counts of war crimes and crimes against humanity, committed throughout the Southern and Eastern provinces of Sierra Leone including murder, cruel treatment (mutilation, hacking of limbs), terrorising the civilian population, burning and looting civilian property, using child soldiers in the hostilities and collective punishments.

Trial Chamber I found that the Accused were not guilty of crimes against humanity as it could not be proven that the attacks were directed primarily against the civilian population. The Accused were found guilty of aiding and abetting CDF forces in their commission of the war crimes of murder, cruel treatment, pillage and collective punishments; Kondewa was additionally guilty of enlisting child soldiers. The Trial Chamber did not consider that they were guilty either for participating in a common plan to defeat the RUF/AFRC forces or as superiors responsible for the acts committed by their CDF subordinates.

The death of Rwandan President Habyariamana on 6 April 1994 reignited ethnic tensions in Rwanda between the Hutu and Tutsi populations that had previously resulted in a civil war in the early 1990s. An Interim Government was established, which developed a plan to eradicate the Tutsi “enemy” with the use of the armed forces and various civilian militia groups including the feared Interahamwe.

The six Accused in the present case all represented military, political or civilian authorities in Butare commune: Nyiramasuhuko was the Minister of Family and Women’s Development; Nsabimana served as the prefect of Butare from April until 17 June 1994; Nteziryayo was a member of the Ministry of the Interior; Kanyabashi was the mayor of Ngoma commune; Ndayambaje was the mayor of Muganza commune and Ntahobali was a leader of a unit of the Interahamwe. Following the replacement of the former prefect of Butare by Nsabimana on 20 April 1994, large scale massacres of Tutsi took place in Butare commune. Thousands were slaughtered with machetes and grenades at Mugombwe Church, Kabuye Hill, Kabakobwe Hill and Matyazo Clinic. In line with the Interim Government’s policy, roadblocks were set up at which Tutsi could be identified, separated, abducted, raped and killed by soldiers and Interhamwe alike. Megaphone announcements were heard throughout Butare town encouraging the Hutu to flush out and eradicate their Tutsi enemy.

The International Criminal Tribunal for Rwanda convicted each of the Accused variously for genocide, cnspiracy to commit genocide, direct and public incitement of genocide, the crimes against humanity of extermination, persecution and rape and the war crimes of violence to life and outrage supon personal dignity. Nyiramasuhuko, Ntahobali and Ndayambaje were sentenced to life imprisonment; Kanybashi, Nteziryayo and Nsabimana to 35, 30 and 25 years’ imprisonment respectively.

The case is currently on appeal before the Appeals Chamber of the ICTR. 

François Twahirwa was a government official in Rukumberi. During the genocide in Rwanda in 1994, Twahirwa had engaged in organising, inciting and supervising the genocide. He had led meetings where the murder of Tutsi was the objective, he had given instructions to others to kill Tutsi and supervised the operations. Twahirwa was an advisor to the Minister of Public Service and member of the MRND political party and as such, was aware of the fact that Tutsi were being pursued and exterminated throughout the country.

He was charged with genocide, crimes against humanity, being a member, organiser and leader of a criminal organisation, premeditated murder, damage to property, committing an attack with the objective of devastation, pillage or slaughter and non-assistance to persons in danger.

The Court concluded that Twahirwa was “an organizer, inciter, supervisor and one who enlisted others”, and found evidence that he directed others to commit genocide and that he possessed the specific intent necessary for the crime of genocide. The Court convicted Twahirwa of genocide, criminal association and attacks with the objective of devastation, pillage or slaughter. He was acquitted from the other charges due to lack of evidence, but this did not help him: he was sentenced to death.

Indonesia’s invasion of Timor-Leste in 1975 marked the beginning of almost 25 years of immense atrocities and human rights abuses, resulting in the deaths of nearly one third of the population of Timor-Leste from starvation, disease, and the use of napalm. Indonesia eventually withdrew in 1999 following international pressure; Timor-Leste achieved full independence in 2002. The Special Panels for Serious Crimes was established to prosecute persons responsible for the serious crimes committed in 1999, including genocide, war crimes, crimes against humanity, sexual offenses and torture.

The accused was a former farmer and a leader of the Sakunar militia group in the village of Naetuna. He was indicted for the murder of an independence supporter who was beaten and stabbed repeatedly on his orders as part of a raid carried out against a village housing such supporters. The accused pled guilty to the charge. The Special Panel, after establishing the facts of the case and the validity of the guilty plea, entered a sentence of 7 years’ imprisonment after considering that admitting to guilt merits a substantial reduction in the usual sentence handed out by Timorese courts for murder, which ranges from 12 to 16 years.