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Glavaš: Prosecutor's Office of Bosnia and Herzegovina v. Branimir Glavaš
Verdict, 29 Nov 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina
The case of Branimir Glavaš marks the first time that a high-ranking Croatian politician was sentenced for war crimes committed during the Croatian war of independence (1991-1995).
Glavaš has always denied any wrongdoing and he protested his detention and trial in Croatia by going on a 40-day hunger strike in 2006. He considered his case to be politically motivated and Nikica Grzić, his defence attorney, alleged that the trial was based on “political, not legal statements.” Nevertheless, after several appeals, on 2 June 2010, the Croatian Supreme Court sentenced Glavaš to eight years’ imprisonment for the war crimes of murder and torture of civilians. Glavaš attempted to evade sitting out his sentence by fleeing to Bosnia, but to no avail: there, he was arrested as well and the Bosnian courts upheld the verdict issued by their Croatian colleagues.
Blaškić: The Prosecutor v. Tihomir Blaškić
Judgment, 3 Mar 2000, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. During this time, the Croatian forces attacked several municipalities in the area of Lašva Valley (Bosnia and Herzegovina). As a result of the attack, hundreds of Bosnian Muslim civilians were killed, arrested, detained, mistreated or forced to leave their homes.
Trial Chamber I found that Tihomir Blaškić ordered a significant number of attacks and did not take measures to prevent or punish the crimes that were committed by his subordinates. Therefore, Trial Chamber I found him responsible for the crimes against humanity and war crimes occurred during those attacks.
Furthermore, Blaškić was found guilty of inhuman and cruel treatment (as crimes against humanity) for the violence at the detention centres, for the forcing of detainees to dig trenches, for the taking of hostages, and for the use of human shields.
Blaškić was sentenced to 45 years of imprisonment.
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.
Munyaneza: Her Majesty the Queen (Prosecutor) v. Désiré Munyaneza
Judgment, 22 May 2009, Superior Court, Criminal Division, Canada
Désiré Munyaneza was born in December 1966 in Rwanda. Between the beginning of April and the end of July 1994, Hutus killed approximately 800,000 Tutsis and moderate Hutus in Rwanda. During that period, Munyaneza was one of the leaders of the Interahamwe Hutu paramilitary organisation in Butare, which played a major role in the 1994 Rwandan genocide. In 1997, Munyaneza fled to Canada to avoid prosecution. However, in October 2005 he was arrested in Canada on suspicion of his involvement in the 1994 Rwandan genocide. In May 2009, the Quebec Superior Court found Munyaneza guilty for the criminal offences of genocide, crimes against humanity and war crimes for abducting, raping, sexually assaulting, and killing Tutsis, and for pillaging of their properties. He was sentenced to life in prison.
Bagosora & Nsengiyumva: Théoneste Bagosora and Anatole Nsengiyumva v. The Prosecutor
Judgement, 14 Dec 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Anatole Nsengiyumva served as Head of the Intelligence Bureau of the Army General Staff and Commander of the Gisenyi Operational Sector from June 1993 to July 1994. He was initially found guilty by Trial Chamber I of the ICTR on 18 December 2008 of genocide, crimes against humanity (murder, extermination, persecution, and other inhumane acts), and violence to life for ordering the killings in Gisenyi town on 7 April, Mudende University, Nyundo Parish and aiding and abetting the killings in Bisesero. The Chamber later reversed some of these convictions and it set aside his sentence to life imprisonment imposing on him a sentence of 15 years imprisonment instead.
Théoneste Bagosora was appointed directeur de cabinet for the Ministry of Defence in June 1992, where he served until July 1994. The Trial Chamber I convicted him for genocide, crimes against humanity (murder, extermination, persecution, other inhumane acts, and rapes), and serious violations of Article 3 common to the Geneva Conventions and of Additional Protocol II (violence to life and outrages upon personal dignity), for his participation in the events in Rwanda in 1994. The Appeals Chamber reversed some of these convictions, setting aside his sentence to life imprisonment and sentencing him to 35 years of imprisonment instead.
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