347 results (ordered by relevance)
<< first
< prev
page 20 of
70
next >
last >>
Akayesu: The Prosecutor v. Jean-Paul Akayesu
Judgment , 1 Jun 2001, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused, Jean-Paul Akayesu, was the mayor of Taba, Rwanda. On 2 September 1998, Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal. His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity.
Akayesu appealed against his convictions and the sentence imposed on him. His principal ground of appeal was that he had not been represented by counsel of his choice. The Prosecution also presented four grounds of appeal.
The Appeals Chamber held that the right of appeal for an indigent person to be represented by a lawyer free of charge did not imply the right to select the advocate to be assigned to defend him. The Chamber underscored that in this case there had been an abuse of the right of an indigent accused to legal aid at the expense of the international community.
The other grounds of appeal, as well as Akayesu’s appeal against the life sentence imposed upon him were also rejected.
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.
Kajelijeli: The Prosecutor v. Juvénal Kajelijeli
Judgement and Sentence , 1 Dec 2003, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
On 1 December 2003, Trial Chamber II of the ICTR delivered its judgment on the case against Juvénal Kajelijeli, former bourgmestre (mayor) of Mukingo. In its verdict on the 11-count indictment, the Tribunal found him guilty on three counts: genocide (count 2); direct and public incitement to commit genocide (count 4); and, extermination as a crime against humanity (count 6).
He was sentenced for genocide and extermination as a crime against humanity with imprisonment for the remainder of his life, and with 15 years imprisonment for direct and public incitement to commit genocide. The sentences would be served concurrently. He was given credit of five years, five months and 25 days for time already spent in custody.
The Accused was acquitted of the following three counts: conspiracy to commit genocide (count 1); rape as a crime against humanity (count 7); and other inhumane acts of crimes against humanity (count 9). Earlier, on 13 September 2002, following a Defence motion, the Tribunal found that the Accused was not guilty of the two counts of war crimes—i.e. the charge of violence to life, health and physical or mental well-being of persons (count 10); and causing outrages upon personal dignity (count 11).
Ntakirutimana & Ntakirutimana: The Prosecutor v. Elizaphan Ntakirutimana and Gérard Ntakirutimana
Judgement, 13 Dec 2004, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.
Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.
Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.
The Defence and Prosecution appeals were dismissed in all other respects.
Marić: Prosecutor's Office of Bosnia and Herzegovina v. Marinko Marić
Indictment, 22 Dec 2006, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
<< first
< prev
page 20 of
70
next >
last >>