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Kappler: The Prosecutor v. Herbert Kappler
Sentenza, 25 Oct 1960, Supreme Military Tribunal of Rome, Italy
Ludji & Gusmao: Deputy General Prosecutor for Serious Crimes v. Beny Ludji and Jose Gusmao
Juglamento, 19 May 2004, District Court of Dili, Special Panel for Serious Crimes, East Timor
Munyaneza: Her Majesty the Queen (Prosecutor) v. Désiré Munyaneza
Judgment, 22 May 2009, Superior Court, Criminal Division, Canada
Désiré Munyaneza was born in December 1966 in Rwanda. Between the beginning of April and the end of July 1994, Hutus killed approximately 800,000 Tutsis and moderate Hutus in Rwanda. During that period, Munyaneza was one of the leaders of the Interahamwe Hutu paramilitary organisation in Butare, which played a major role in the 1994 Rwandan genocide. In 1997, Munyaneza fled to Canada to avoid prosecution. However, in October 2005 he was arrested in Canada on suspicion of his involvement in the 1994 Rwandan genocide. In May 2009, the Quebec Superior Court found Munyaneza guilty for the criminal offences of genocide, crimes against humanity and war crimes for abducting, raping, sexually assaulting, and killing Tutsis, and for pillaging of their properties. He was sentenced to life in prison.
R. v. Sarwar (Yusuf): Yusuf Sarwar, Mohammed Ahmed v. Regina
Appeal Judgment, 9 Dec 2015, Court of Appeal (Criminal Division), Great Britain (UK)
Sarwar and Ahmed travelled from the UK to Turkey and then Syria on 15 May 2013. Both had been in communications on social media with a number of figures discussing jihad and their plans to travel to Syria. They deceived their parents as to the purpose of their trip, which, in reality, was to become involved with anti-Assad forces. After their departure, Sarwar’s mother found a letter from him saying he planned to join Jabhat al-Nusra in Syria, and his parents then told the police.
Sarwar and Ahmed were arrested when they returned to the UK on 13 January 2014. A search of Sarwar’s luggage found over 1600 deleted pictures including those of Sarwar and Ahmed in combat zones and pictures of explosives being made. Both pled guilty to the offense of preparation of terrorist acts contrary to section 5(1) of the Terrorism Act 2006 and were sentenced to 17 years and 8 months in prison. Sarwar and Ahmed appealed the decision.
Sarwar and Ahmed claimed that once they arrived in Syria, they disassociated themselves from combat activities and offered humanitarian assistance. The Court found that while there was sustained preparation and travel, the trial court judge reached an incorrect conclusion on their involvement in combat activity. Therefore, sentences were reduced to 15 years and 3 months.
Anaclet: Auditorat Militaire v. Adjudant Chef Rwahama Anaclet
Jugement de la Chambre Spécialisée du Conseil de Guerre de la République Rwandaise, 24 Nov 1998, Conseil de Guerre de la République Rwandaise, Chambre Spécialisée, Rwanda
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