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Nahimana et al.: The Prosecutor v. Ferdinand Mahimana, Jean-Bosco Barayagwiza and Hassan Ngeze

Judgement and Sentence, 3 Dec 2003, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The three Accused – Ferdinand Nahimana, Jean Bosco Barayagwiza and Hassan Ngeze - were charged in separate indictments but were tried jointly for their role in the Rwandan genocide. They were all charged with genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity. Nahimana and Barayagwiza were additionally charged murder as a crime against humanity, while Barayagwiza was also charged with war crimes.

On 3 December 2003, Trial Chamber I of the ICTR found the three Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity. They were found not guilty of complicity in genocide and of murder as a crime against humanity. Barayagwiza was also acquitted of the charges for war crimes. The Chamber sentenced Nahimana and Ngeze to life imprisonment. Regarding Barayagwiza, the Chamber considered that the appropriate sentence was life imprisonment, but, in its decisions dated 31 March 2000, the Appeals Chamber had decided that for the violation of his rights, the Accused was entitled to a reduction of his sentence, if he was found guilty. Therefore, the Trial Chamber sentenced him to twenty-seven years, three months and twenty-one days. 


Eichmann: Attorney General v. Adolf Eichmann

Judgment, 11 Dec 1961, District Court of Jerusalem, Israel

The crimes perpetrated by the Nazis during Hitler’s reign against Jewish citizens were some of the worst recorded in history. Although accurate figures may never be known, it is estimated that some 6 million Jewish individuals died – men, women, and children from all over Europe. They were deported from their homes in large freight trains in appalling conditions, others starved or froze to death, others still were taken away to concentration camps where the fit were forced to perform manual labour whilst the weak were shot to death or later, gassed to death in their thousands.

The Accused, Adolf Eichmann, was an Austrian by birth who volunteered to work for the Security Service (SD) in Berlin. He rose through the ranks and eventually occupied the position of Head of Section (Referant) for Jewish Affairs charged with all matters related to the implementation of the Final Solution to the Jewish Question. In this capacity, he oversaw the transport and deportation of Jewish persons, set up and personally ran an operations centre in Hungary in order to implement the Final Solution there, organised the transfer of money from evacuated Jews to the State and was responsible for the administration of the camps at Terezin and Bergen-Belsen.

He was captured by Israeli Security Forces in Argentina and handed over to the District Court of Jerusalem to stand trial for war crimes, crimes against humanity and crimes against the Jewish people. He was convicted of all 15 counts and sentenced to death. He was unsuccessful in contesting the jurisdiction of the Court or defending his actions by relying on superior orders.


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.


The Mladić Case: The Prosecutor v. Ratko Mladić

The Prosecutor v. Ratko Mladić Public with Confidential Annex Judgement Issued on 22 November 2017 , International Criminal Tribunal for the former Yugoslavia, The Netherlands

The Prosecutor v. Ratko Mladić case before the ICTY concerns the events which occurred from October 1991 to November 1995 in the former Republic of Yugoslavia. The conflicts in the former Republic of Yugoslavia have been estimated to be the cause of a death toll of approximately 100,000 people, leading to over 2,000,000 people being displaced. The present case was tried before the ICTY’s Trial Chamber I, and the victims of the crimes were the ethnic groups of Bosnian Muslims and Bosnian Croats residing in the targeted municipalities, U.N personnel, and residents of Sarajevo.  

At the time when these events occurred, Mr. Mladić was a Commander of the Bosnian Serb Army (VRS) Main Staff in the territories of Bosnia and Herzegovina (BiH), including Srebrenica. In his leadership position, Mr. Mladić took control of municipalities in the so-called Serbian Republic of BiH, mainly in the Northwestern and Eastern regions of BiH. In these municipalities, the Bosnian Serb Forces participated in a campaign of persecution to drive the non-Serb populations from these territories, aiming to create an ethnically pure Bosnian Serb State by territorially dividing BiH. 

Mr. Mladić was initially charged together with Mr. Karadžić; however, the judgement in the case of Mr. Mladić was delivered a year later than that of Mr. Karadžić. Mr. Mladić was indicted for 11 charges, 10 of which he was found guilty of, including several charges of crimes against humanity and violations of the laws or customs of war, and one charge of genocide. The Chamber sentenced Mr. Mladić to life imprisonment.


Gatanazi : Le Ministère Public v. Egide Gatanazi

Arrêt, 4 Apr 1997, Cour d'Appel de Kigali / Court of Appeal of Kigali, Rwanda


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