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Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al. v. State of The Netherlands and the United Nations

Judgment in the Incidental Proceedings, 10 Jul 2008, District Court of The Hague, The Netherlands

In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.

In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica. In the present decision, the District Court of The Hague determined that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings. 


Mothers of Srebrenica v. the Netherlands and the UN: Mothers of Srebrenica et al. v. State of The Netherlands and the United Nations

Judgment in the First Civil Law Section, 30 Mar 2010, Court of Appeal of The Hague, The Netherlands

In July 1995, the safe haven of Srebrenica in Bosnia and Herzegovina was attacked by Bosnian Serb forces resulting in the deaths of between 8 000 and 10 000 individuals. Members of the Dutch battalion who were responsible for the safeguarding of the enclave were completely overrun by the forces of General Mladic.

In 2007, a civil action was filed before the District Court of The Hague by 10 women whose family members died in the genocide as well the Mothers of Srebrenica, a Dutch association representing 6 000 survivors. They are demanding compensation from the United Nations and the Kingdom of the Netherlands by alleging that both are responsible for the failure to prevent the genocide at Srebrenica.

In the present decision, the Court of Appeal of The Hague confirmed the 2008 decision of the District Court of The Hague that it had no jurisdiction to hear the case as the United Nations enjoyed absolute immunity from proceedings.


Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 7 Jul 2011, Court of Appeal of The Hague, The Netherlands

Between April and July 1994, as much as ten percent of the entire Rwandan civilian population (75 percent of all Tutsis) was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.

The accused, Joseph Mpambara, fled Rwanda for the Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. While the Dutch courts deemed themselves without jurisdiction for genocide, the District Court of The Hague did convict Mpambara for torture.

The Court of Appeal also convicted him for war crimes - inter alia for his participation in a massacre against thousands of refugees in a church - and increased his 20 years' prison sentence to life imprisonment.


Ndahimana: The Prosecutor v. Grégoire Ndahimana

Judgement and Sentence, 30 Dec 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Grégoire Ndahimana was Mayor of Kivumu commune (community)in Rwanda in April 1994. Following the death of President Habyarimana, a common plan was realised in Kivumu commune. The purpose of this plan was to exterminate the Tutsis who lived there.

After the President’s death, one to two thousand Tutsi civilians sought refuge at Nyange parish. Only a very small number of these civilians survived the attacks on the parish that occurred on 15 and 16 April 1994.

The Prosecutor of the ICTR charged Ndahimana with genocide and extermination as a crime against humanity for his role in the massacres of Tutsis that took place in Kivumu commune over ten days from 6 April 1994 to 16 April 1994. He was found guilty of genocide and extermination by aiding and abetting as well as by virtue of his command responsibility over the communal police. Ndahimana was sentenced to 15 years of imprisonment.  

Both the Prosecution and the Defence have lodged appeals against the judgment.


Todorović (Stevan): The Prosecutor v. Stevan Todorović

Sentencing Judgment, 31 Jul 2001, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber III, The Netherlands

On 17 April 1992, the Serb forces gained control over the municipality of Bosanski Šamac (Bosnia and Herzegovina). Following the takeover, they launched a series of attacks aiming to remove the Bosnian Croat and Bosnian Muslim inhabitants from the area. As a result, the Bosnian Croats and Bosnian Muslims were murdered, beaten, sexually assaulted, deported and those who were unlawfully confined, were subjected to various mistreatments. During this time, Stevan Todorović acted as the Chief of Police in Bosanski Šamac (Bosnia and Herzegovina).

On 19 January 2001, Todorović pleaded guilty to the crime against humanity of persecution, and, subsequently, the Trial Chamber entered a finding of guilt on the same day. 

Trial Chamber III balanced the gravity of the crimes, the aggravating and mitigating circumstances in order to determine the appropriate sentence for Todorović. Trial Chamber III considered that the offences perpetrated by Todorović were of serious gravity, and the underlying cruelty of the commission was an aggravating factor. Similarly, Todorović’s position as Chief of Police was further an aggravating factor. Trial Chamber III also took the following mitigating circumstances into consideration: Todorović’s guilty plea, his cooperation with the Prosecution, and his remorse. 

Todorović was sentenced to 10 years of imprisonment. 


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