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Kambanda: Jean Kambanda v. The Prosecutor
Judgement, 19 Oct 2000, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused in the present case was Jean Kambanda, the former Rwandan Prime Minister. On 4 September 1998, he had pleaded guilty to genocide and crimes against humanity (murder and extermination) and Trial Chamber I of the ICTR had sentenced him to life imprisonment. He appealed against that sentence and later requested that his guilty plea be quashed and that he stand trial.
Before the Appeals Chamber, Kambanda argued that he had not been assigned the lawyer of his choice and that even when he finally did receive legal representation the assignment of the lawyer was influenced by the Prosecution. He also accused his defense counsel, Mr. Oliver Michael Inglis, of inadequate representation. In addition, he claimed that the Registry had organized his detention in facilities where he was isolated from other detainees and that he felt oppressed by these arrangements. The Prosecution pointed out that, for a while, Kambanda had refused any legal representation until the Registry told him that in the interest of justice he had to be represented by counsel. He subsequently requested the Registry, in writing, to assign Mr. Inglis as his defence counsel.
The Appeals Chamber dismissed all the grounds advanced by the Accused and upheld his sentence.
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.
Kamuhanda: The Prosecutor v. Jean de Dieu Kamuhanda
Judgement, 22 Jan 2004, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
On 22 January 2004, Trial Chamber II of the ICTR found Jean de Dieu Kamuhanda, former Rwandan Minister of Higher Education and Scientific Research, guilty on two counts of genocide and extermination as a crime against humanity. The Tribunal sentenced him to prison for the remainder of his life.
The Trial Chamber found the Accused not guilty of five counts in the nine counts indictment against him. They included conspiracy to commit genocide, rape and other inhumane acts as crimes against humanity, and two counts of violations of the Geneva Conventions and of Additional Protocol II. The Chamber also dismissed two counts of complicity in genocide and murder as a crime against humanity.
In reaching its guilty verdict on two counts, the Trial Chamber found that Kamuhanda had the intent to destroy the Tutsi ethnic group in whole or in part and was individually criminally responsible for instigating, ordering, aiding and abetting genocide against Tutsi by virtue of his role in the killing of members of the Tutsi ethnic group in the Gikomero Parish Compound where he ordered Interahamwe militia, soldiers, and policemen to kill the Tutsis. The Trial Chamber also found that a large number of Tutsi were exterminated as a direct result of Kamuhanda’s participation by ordering, instigating, aiding and abetting the attack at the Gikomero Parish compound.
Blagojević & Jokić: The Prosecutor v. Vidoje Blagojević and Dragan Jokić
Judgment, 17 Jan 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
In July 1995, the Army of the Republika Srpska (VRS) attacked the Srebrenica enclave in Bosnia and Herzegovina. After the attacks, units of the VRS killed Bosnian Muslim men and removed women, children and the elderly out of Srebrenica. Two VRS units, the Bratunac and Zvornik Brigades of the Drina Corps, were involved in the commission of crimes against the Bosnian Muslims. While Blagojević was the Commander of the former, Jokić was the Chief of Engineering of the Zvornik Brigade.
Trial Chamber I found that Blagojević's assistance had a substantial effect on the commission of the crimes and that he was aware that his acts would assist the perpetrators. Therefore, he was found guilty of aiding and abetting the crimes of complicity to commit genocide, crimes against humanity (murder, persecutions, and inhumane acts) and war crimes (murder) but he was acquitted of the charges of extermination (as crimes against humanity).
Jokić was also found to have aiding and abetted the crimes against humanity of extermination and persecutions and the war crime of murder as a consequence of his acts of assistance and his knowledge that his acts would facilitate the commission of these crimes.
Trial Chamber I handed down a sentence of 18 years to Blagojević and 9 years to Jokić.
Van Anraat: Public Prosecutor v. Frans Cornelis Adrianus van Anraat
Sentence, 23 Dec 2005, District Court of The Hague, The Netherlands
Frans Cornelis Adrianus van Anraat was a Dutch businessman who, from 1984 until 1988, purchased large quantities of the chemical thiodiglycol from the United States and Japan. This chemical was then sold, through a number of different companies located in different countries, to Saddam Hussein’s government of Iraq. After 1984, Van Anraat was the government’s sole supplier of the chemical. The chemical is a key component in the manufacture of mustard gas and was in fact used for this purpose by Hussein’s government who then proceeded to employ the gas in attacks against Iranian military and civilians in the Iran-Iraq war and against the Kurdish population in northern Iraq. The effect was devastating, thousands of individuals were killed and many thousands more were injured with long-term effects including blindness and cancer.
The present case before the District Court of The Hague was brought by the Dutch Prosecutor against Van Anraat, a chemicals dealer who sold thiodiglycol to Saddam Hussein’s regime, which was used in the production of mustard gas. He was acquitted of the charge of complicity to genocide because it was not proven that at the time Van Anraat knew that the chemical would be used for the destruction of the Kurdish population. He was, however, convicted of complicity in war crimes and sentenced to 15 years’ imprisonment.
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