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Musema: Alfred Musema v. The Prosecutor
Judgement, 16 Nov 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Alfred Musema, was formerly director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. On January 27 2000, Trial Chamber I of the ICTR convicted him of genocide and crimes against humanity and sentenced him to life imprisonment.
Musema submitted six grounds of appeal against his conviction and argued that the sentence imposed by the Trial Chamber had been too severe.
On 16 November 2001, the Appeals Chamber confirmed Musema's conviction for genocide and for extermination as a crime against humanity. The Chamber also upheld the sentence of imprisonment for life for those crimes. Musema’s conviction for rape as a crime against humanity was set aside by the Appeals Chamber on the basis of new evidence which it heard.
With regard to the appeal against the sentence, the Appeals Chamber noted that the quashing of his conviction for rape could not affect the exceptional gravity of the crimes for which he had been convicted. The Accused failed to demonstrate that the Trial Chamber had committed any error that would invalidate the sentence of imprisonment for life.
Damiri: The Ad Hoc Public Prosecutor v. Adam Damiri
Judgement, 31 Jul 2003, The Indonesian Ad Hoc Tribunal for East Timor, Indonesia
The Ad Hoc Tribunal found the defendant guilty of grave human rights violations in the form of crimes against humanity and sentenced him to three years of imprisonment. Adam Damiri was the most senior and last of 18 military men and civilians to be brought before the Indonesian Ad Hoc Tribunal, which has sentenced only six of the 18, none of whom served any time in prison as part of their sentences. Damiri’s verdict effectively brought the Indonesian Ad Hoc Tribunal to a close.
The judgement was deemed rather controversial by many human rights organizations. Firstly, because of what was considered a lenient judgment entered against the defendant, and secondly, the subsequent overturning of the judgment and the release of the defendant one year later. Human Rights Watch repeatedly requested that UN Secretary-General Kofi Annan commission a report by a group of experts to review the work of the Commission for Reception, Truth and Reconciliation in Timor-Leste (CAVR) and that of the Ad Hoc Tribunal regarding the situation in East Timor in 1999.
The rulings of the Ad Hoc Tribunal were also deemed as sign that there was a lack of political will in Indonesia to holds its highest military servicemen accountable for their actions under international humanitarian law. Indonesia has also been heavily criticised for allowing a convicted human rights abuser - though this judgment was later overturned - to be involved in yet another conflict, after Damiri was re-assigned to another province of Indonesia in order to fight another secessionist movement.
Doe I et al. v. UNOCAL et al.: John Doe I et al. v. UNOCAL Corp. et al.
Ruling on UNOCAL Defendants' Motion for Judgment, 14 Sep 2004, Superior Court of California, Country of Los Angeles, United States
In 1979, fourteen Burmese villagers filed a complaint against the oil company UNOCAL. They claimed that they suffered abuses including torture and rape during the construction of the Yadana Pipeline. UNOCAL allegedly assisted in the abuses perpetrated by the military government in Rangoon.
The Burmese villagers based their claim on the Alien Tort Claims Act (ATCA), which allows US courts to decide cases in respect of foreign nationals for crimes that occurred outside of the US.
In the particular decision, the Superior Court held that even though one of the theories of the Burmese villagers was refused, the case was not dismissed and as a result, they were allowed to proceed with their further theories. On 14 September 2004, the defendants’ motion for judgment was denied.
Semanza: Laurent Semanza v. The Prosecutor
Judgement, 20 May 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Prior to becoming President of the greater Kigali branch of the Mouvement Révolutionnaire National pour la Démocratie er le Développement (MRND) political party in 1993, the Accused, Laurent Semanza, served as Bourgmestre (mayor) of Bicumbi commune. On 15 May 2003, Trial Chamber III of the ICTR found him guilty of complicity in genocide, extermination, torture and murder as crimes against humanity. Semanza submitted 22 grounds of appeal against his convictions. The Appeals Chamber dismissed his argument that he should be acquitted of all charges because the Trial Chamber was biased against him.
Instead, the Appeals Chamber accepted the Prosecutor’s argument and convicted Semanza for ordering, rather than aiding and abetting, the massacre of Tutsis at Musha church. Because the Accused had more serious culpability for the crimes at the church, the Appeals Chamber increased his sentence from 15 to 25 years on Counts 7 and 13 of the indictment. More specifically, the Chamber affirmed the conviction for genocide charges and increased his sentence by 10 years for ordering the murder, torture and rape of Tutsi civilians at the church. The Appeals Chamber also reversed the Trial Chamber’s acquittal on the charges of serious violations of Common Article 3 and Additional Protocol II of the Geneva Conventions. Semanza was sentenced to a total of 35 years imprisonment.
Corrie v. Caterpillar: Cynthia Corrie et al. v. Caterpillar Inc.
Order granting defendant Caterpillar’s motion to dismiss , 22 Nov 2005, United States District Court, Western District of Washington at Tacoma, United States
In 2003, bulldozers manufactured by the American company Caterpillar were used by the Israeli IDF to destroy several houses on the Gaza Strip, killing several Palestinians and an American peace activist in the process. The relatives of the victims and those who lost their homes filed a suit against Caterpillar, arguing that by providing the Israeli military with bulldozers, they were liable for, among other things, war crimes and extrajudicial killing.
The District Court dismissed the claim, most importantly because it considered that selling products to a foreign government does not make the seller liable for subsequent human rights violations. Also, the Court stated that it could not prohibit Caterpillar to sell bulldozers to Israel, as this would infringe upon the government’s executive branch’s exclusive right to decide on trade restraints regarding Israel.
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