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Nzabonimana: The Prosecutor v. Callixte Nzabonimana

Judgement and Sentence, 31 May 2012, International Criminal Tribunal for Rwanda, Tanzania

Following the death of Rwandan President Habyariamana in April 1994, an interim government was established in Rwanda within which Callixte Nzabonimana held the position of Minister of Youth and Associative Movements.

The Trial Chamber found that Nzabonimana was a figure of authority in Gitarama as a result of this position and his role in the political party, MNRD. Evidence presented led the Trial Chamber to conclude that the Accused had used this position of authority to direct the Hutu civilian population and commune policemen to attack the Tutsi’s. He did so by making a number of speeches, and further, by threatening local officials with death or replacement in the event that they opposed the killing of Tutsis.  His orders were carried out by Hutu civilians and by commune policemen who proceeded to attack and kill Tutsi civilians. Accordingly, the International Criminal Tribunal for Rwanda convicted the Accused of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and extermination as a crime against humanity. He was sentenced to life imprisonment.


The Prosecutor v. Radovan Karadžić

The Prosecutor v. Radovan Karadžić, Public Redacted Version of Judgement Issued on 24 March 2016 , 24 Mar 2016, International Criminal Tribunal for the former Yugoslavia, The Netherlands

The Prosecutor v. Radovan Karadžić case before the ICTY concerned events which occurred from October 1991 to November 1995 in the former Republic of Yugoslavia. These conflicts have been estimated to be the cause of a death toll of approximately 100,000 people, and to over 2,000,000 people being displaced.The victims in this case were the ethnic groups of Bosnian Muslims and Bosnian Croats residing in the targeted municipalities. The crimes in question (such as murder) were committed by Bosnian Serb Forces and Bosnian Serb Political and Governmental Organs, as per orders issued by government leaders, one of whom was Mr. Karadžić. 

Mr. Karadžić was the President of the Republika Srpska (RS) and Supreme Commander of the RS armed forces during the conflicts. In his leadership position, Mr. Karadžić, together with other leaders, aimed to create an ethnically pure Bosnian Serb State by territorially dividing Bosnia and Herzegovina. Mr. Karadžić’s leadership position leveraged his power in ordering the RS armed forces and facilitating the commission of crimes against humanity, genocide, and violations of rules and customs of war. Therefore, Mr. Karadžić was indicted by the ICTY of 11 counts of crimes, including crimes against humanity, violations of rules and customs of war, and genocide. On 24 March 2016, Mr. Karadžić was found guilty of most of the counts and acquitted of one genocide count. As a result, Mr. Karadžić was sentenced to 40 years of imprisonment.


Judgment in the Case of Salih Mustafa

Judgment, 16 Dec 2022, Kosovo Specialist Chambers, The Netherlands

Mr Salih Mustafa, a former commander of the Kosovo Liberation Army (KLA), was accused of four war crimes including arbitrary detention, cruel treatment, torture, and murder. For three weeks in August of 1999, Mr Mustafa and his subordinates imprisoned six civilians in a barn at a compound held by the KLA in Zllash, Kosovo.  

The court found, through the testimony of the five detainees who survived, that Mr Mustafa and his men subjected the detainees to inhumane conditions and treatment. The detainees were beaten with batons and hatchet handles, burned, electrocuted, threatened, and given urine when they complained of thirst. The court found that Mr Mustafa and his subordinates committed these acts against these victims together as part of a joint criminal enterprise. Their actions and refusal to provide medical care to the victims even led to the death of one of the detainees.

The court convicted Mr Mustafa of the war crimes of arbitrary detention, torture, and murder. The court found that the crime of cruel treatment is included in the crime of torture so it would be unnecessary to convict the accused of both crimes. The court sentenced Mr Mustafa to 26 years imprisonment  and ordered him to pay reparations of €207,000 to the victims.


Feres v. United States

Opinion of the Court, 4 Dec 1950, U.S. Supreme Court, United States

Ms. Feres brought a claim for compensation for the death of her husband, who was a member of the armed forces. Her husband died in a fire in the barracks at Pine Camp, New York, which was a military post of the US. Feres claimed that the US was responsible for the death because it was known or should have been known that the barracks were unsafe.

The District Court dismissed the claim. The dismissal was confirmed by the Court of Appeals.

Feres appealed to the U.S. Supreme Court. The Court upheld the dismissal because the claim was based on law, the Federal Tort Claims Act, which did not provide for compensation in case of injuries suffered by military personnel in the course of activity incident to service.


Cardoso: The Prosecutor v. Jose Cardoso

Judgement, 5 Apr 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor

The Indonesian occupation of East Timor from 1975 until 2002 gave rise to a number of attacks on the Timorese civilian population, particularly against those suspected of being independence supporters.

The Accused, Jose Cardoso, was the Deputy Commander and subsequently the Commander of the pro-autonomy militia group Kaer Metin Merah Putih (KMMP). From May until September 1999, he issued a number of orders to attack both known and suspected independence supporters. These individuals were arrested, beaten and detained for months in cramped and extremely unhygienic conditions without regular access to food or water. One victim had his eat cut off and force fed to him on orders of the Accused. Two women were raped by the Accused. Two other individuals were murdered as a result of the Accused’s orders.

Cardoso was convicted for 9 counts of crimes against humanity by the Special Panels for Serious Crimes and sentenced to 12 years’ imprisonment.


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