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Perreira: The Prosecutor v. Francisco Perreira
Judgment, 31 Aug 2005, District Court of Dili, Special Panel for Serious Crimes, East Timor
Seromba: The Prosecutor v. Athanase Seromba
Judgement, 13 Dec 2006, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwandan genocide Athanase Seromba was a Catholic priest at Nyange parish, Kibuye Prefecture. On 13 December 2006, Trial Chamber III of the ICTR convicted him of aiding and abetting genocide against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks committed against the Tutsis. The Trial Chamber also found that Seromba had assisted in the killing of Tutsi refugees as well as in the commission of acts causing serious bodily or mental harm. Thus, the Chamber convicted him of aiding and abetting the crimes of genocide and extermination as a crime against humanity and sentenced him to 15 years of imprisonment.
The Trial Chamber considered the Accused’s authority as a respected Catholic priest, the trust he had from several Tutsi refugees who had taken shelter in his parish to elude massacres and his failure to live up to the trust of the refugees who thought their lives would be safe there as aggravating factors. Seromba’s good reputation prior to the events of 1994, his relative youth at the time of the events and his voluntary surrender to the Tribunal were considered mitigating factors.
Ljubinac: The Prosecutor v. Radisav Ljubinac
Verdict, 25 Apr 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
During the armed conflict that took place on the territory of the former Yugoslavia, Bosnian Serb forces including the Army of the Republika Srpska (RS), the Police and paramilitary forces perpetrated attacks against the civilian population in the Rogatica municipality by detaining, murdering, raping and abusing persons of Muslim and Croat ethnicity. The Accused, Radisav Ljubinac, was a member of the RS living in Rogatica in 1995.
By a judgment of 25 April 2007, Section I of the War Crimes Chamber in the Court of Bosnia and Herzegovina convicted the Accused of crimes against humanity. The Court found that the Accused acted as the driver transferring women, children and a small number of remaining adult men from the villages and settlements in Seljani to the camp in Rogatica and from then on, transferring the women and children to Hreša. He also drove a group of civilians, including children, to the village of Duljevac whereupon they were used as human shields in front of the Serb soldiers. The Court also found that on a number of occassions, the Accused kicked and punched the detained civilians at the Rasadnik camp. He was sentenced to 10 years’ imprisonment.
Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa
Judgement, 28 May 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
Fofana and Kondewa were high-ranking members of the Civil Defense Forces (CDF) who participated in the armed conflict in Sierra Leone on the side of the ousted government of President Kabbah. They were convicted by the Special Court for aiding and abetting the planning of war crimes by CDF forces, particularly murder, cruel treatment, burning of civilian property, collective punishment and, for Kondewa, enlisting child soldiers.
On appeal, the Appeals Chamber found that there was sufficient evidence to convict both men for crimes against humanity. However, the convictions for collective punishment and enlistment of child soldiers were overturned. At sentencing, in order to reflect the gravity of the crimes and the new conviction for crimes against humanity, the Appeals Chamber increased the sentences: Fofana’s from 6 years to 15 years, Kondewa’s from 8 years to 20 years. The Appeals Chamber refused to take into account the political motives of Fofana and Kondewa, and particularly that they were fighting for a just cause in order to restore President Kabbah to power.
Đorđević: The Prosecutor v. Vlastimir Đorđević
Public Judgment with Confidential Annex, 23 Feb 2011, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
In the period between January and June 1999, the Serb forces conducted a campaign of attacks against the Albanian population of Kosovo, with the aim to remove them from the region. The bodies of the Kosovo Albanians were concealed in centers near Belgrade and later buried in secret mass graves. Ðorđević, who was the head of the police forces, was charged with war crimes and crimes against humanity.
The Chamber came to the conclusion that Ðorđević participated in a common plan to eliminate the Albanian population of Kosovo, and that his role was indispensable for the fulfillment of the operation.
The Chamber found him guilty of aiding and abetting the charged crimes due to his direct involvement in the concealing of bodies murdered by the Serb forces. He also failed to conduct an investigation of these crimes, which was sufficient for his conviction. Ðorđević was sentenced to 27 years of imprisonment.
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