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Etchecolatz: The Prosecutor v. Miguel Osvaldo Etchecolatz
Sentencia (Judgment), 19 Sep 2006, Federal Criminal Tribunal No. 1 of La Plata, Argentina
Van Anraat: Public Prosecutor v. Frans Cornelis Adrianus van Anraat
Judgment, 9 May 2007, Court of Appeal of The Hague, The Netherlands
Frans van Anraat was a Dutch businessman who, from 1984 until 1988, purchased large quantities of the chemical thiodiglycol from the United States and Japan. This chemical was then sold, through a number of different companies located in different countries, to Saddam Hussein’s government of Iraq. After 1984, Van Anraat was the government’s sole supplier of the chemical. The chemical is a key component in the manufacture of mustard gas and was in fact used for this purpose by Hussein’s government who then proceeded to employ the gas in attacks against Iranian military and civilians in the Iran-Iraq war and against the Kurdish population in northern Iraq. The effect was devastating, thousands of individuals were killed and many thousands more were injured with long-term effects including blindness and cancer.
The Dutch Prosecutor brought a case against Van Anraat. The District Court of the Hague acquitted him of the charge of complicity to genocide (because his genocidal intent could not be proved), but he was convicted of complicity in war crimes and the court sentenced him to 15 years’ imprisonment.
The Court of Appeal of The Hague upheld the District Court’s acquittal on the charge of complicity to genocide and his conviction of complicity to war crimes. The Court increased Van Anraat’s sentence to 17 years’ imprisonment.
Rukundo: The Prosecutor v. Emmanuel Rukundo
Judgement, 27 Feb 2009, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, Rukundo, an ordained priest, was appointed as a military chaplain for the Rwandan army, a position he maintained throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR found him guilty of genocide, murder and extermination as crimes against humanity and sentenced him to 25 years' imprisonment. The conviction was based on the participation of the Accused in the killings of Tutsi civilians in the Gitarama prefecture. In mid-April 1994, Rukundo, with soldiers of the Rwandan army abducted and killed Madame Rudahunga and severely beat and injured her two children. He was present during the commission of this crime and the soldiers acted under his authority. In addition, between mid-April and the end of May 1994, on at least four occasions Rukundo was found to have played an integral role in the abduction and subsequent killing of Tutsi refugees from the St. Léon Minor Seminary. He was also found guilty of sexually assaulting a young Tutsi woman.
Rukundo’s stature as a well-known priest in the community and the fact that he was an educated person were considered by the Chamber as aggravating factors. He was sentenced to 25 years' imprisonment.
Bikindi: Simon Bikindi v. The Prosecutor
Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide, Simon Bikindi was a singer, composer and leader of a ballet troupe called the “Irindiro”.
On 2 December 2008, Trial Chamber III of the ICTR had found Bikindi guilty of direct and public incitement to commit genocide based on public exhortations to kill Tutsis, which he made on the Kivumu-Kayove road in Gisenyi prefecture in late June 1994. The Trial Chamber had sentenced him to 15 years of imprisonment.
Bikindi appealed his convictions, and the sentence was challenged by both the Accused and the Prosecution. The Appeals Chamber dismissed the appeals of both Bikindi and the Prosecution in their entirety and affirmed the sentence of 15 years of imprisonment.
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.
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