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Twahirwa: Public Ministry v. François Twahirwa
Judgment, 16 Jun 1999, Tribunal of First Instance of Kibungo (Sake) (Special Chamber), Rwanda
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.
Atolan: The Prosecutor v. Agustinho Atolan alias Quelo Mauno
Judgement, 9 Jun 2003, Special Panels for Serious Crimes (District Court of Dili), East Timor
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.
Beno: The Deputy Prosecutor-General for Serious Crimes v. Lino Beno
Judgement, 16 Nov 2004, Special Panels for Serious Crimes (District Court of Dili), East Timor
Indonesia had illegally occupied East Timor since 1975 in a climate of tension between the Indonesians who favoured continued occupation and the Timorese who favoured independence. Following the referendum of 1999 in which an overwhelming majority of Timorese voted in favour of independence, hostilities escalated between the Indonesian Armed Forces and associated militias, and the independence supporters.
In the context of these hostilities, the Accused (a member of the Sakunar militia) intentionally stabbed one victim and severely beat another victim who was tied to a tree in plain view of other villagers. The Accused pleaded guilty to both charges and the Court sentenced him to 5 years’ imprisonment. His defence, that he was coerced into committing the crimes due to a fear of his superiors, failed to convince the Court, as he was not in imminent danger of death.
Hrkač: Prosecutor's Office of Bosnia and Herzegovina v. Ivan Hrkač a/k/a Čikota
Indictment, 27 Dec 2007, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina
The accused Ivan Hrkač is suspected of committing war crimes against prisoners of war and war crimes against civilians during the armed conflict between the HVO and the Army of the Republic of Bosnia and Herzegovina in 1993.
At the present moment, Ivan Hrkač is beyond the reach of the judicial authorities.
Belhas et al. v. Ya'alon: Ali Saadallah Belhas et al. v. Moshe Ya'alon
Appeal from the United States District Court for the District of Columbia, 15 Feb 2008, United States Court of Appeals for the District of Columbia Circuit, United States
On 4 November 2005, a complaint was filed before the U.S. District Court for the District of Columbia on behalf of people injured or killed during the bombing of the UN compound (an area protected by the UN) in Qana on 18 April 1996 that killed more than 100 civilians and wounding hundreds. The plaintiffs claimed that General Moshe Ya’alon, the head of the IDF Army Intelligence who launched the bombing, should be held responsible for the decision to bomb the UN compound.
On 14 December 2006, the District Court dismissed the case, finding that Ya'alon could not be sued because the Court lacked jurisdiction to prosecute Ya’alon (as he enjoyed immunity under the Foreign Sovereign Immunities Act) and denied the need for jurisdictional discovery.
On 15 February 2008, the U.S. Court of Appeals for the District of Columbia Circuit upheld the decision of the District Court.
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