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Boškoski & Tarčulovski: Prosecutor v. Ljube Boškoski and Johan Tarčulovski
Judgment (public), 19 May 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
On 12 August 2001 the village of Ljuboten, located in the Former Yugoslav Republic of Macedonia (FYROM), was attacked. The police killed ethnic Albanians and set fire to homes in the village. Ljube Boškoski was the Minister of the Interior of the FYROM while Johan Tarčulovski was a police officer. For their role and participation in these events, they were brought before Trial Chamber II of the ICTY. While Trial Chamber II acquitted Boškoski of the charges, it did find Tarčulovski guilty of war crimes.
Tarčulovski presented seven grounds of appeal to the Appeals Chamber, arguing that Trial Chamber II made incorrect interpretations of the law with regard to the elements of war crimes, his individual criminal responsibility and in considering evidence.
The Prosecution appealed the acquittal of Boškoski on the ground that he should have been held responsible for his failure to punish his subordinates for committing the crimes at Ljuboten.
However, the Appeals Chamber disagreed with both the Accused and the Prosecution; Tarčulovski's sentencing was upheld, and so was Boškoski's acquital.
Hategekimana: The Prosecutor v. Ildephonse Hategekimana
Judgment and Sentence, 6 Dec 2010, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Ildephonse Hategekimana was a lieutenant in the Rwandan Armed Forces and also the commander of the Ngoma military camp during the genocide that took place in Rwanda in 1994.
The Prosecutor of the ICTR charged Hategekimana with genocide, or, alternatively, complicity to commit genocide, murder and rape as crimes against humanity. The charges related to his role in the massacre of Tutsi refugees at Ngoma church and at Maison Généralice, as well as for his participation in the killings of several other Tutsis and the rape of Nura Sezirahiga. On 6 December 2010, he was convicted for genocide, murder and rape as crimes against humanity and was sentenced to life imprisonment.
Gatete: The Prosecutor v. Jean-Baptise Gatete
Judgment and Sentence, 31 Mar 2011, International Criminal Tribunal for Rwanda, Tanzania
Following the death of Rwandan President Habyariamana in April 1994, a series of large scale attacks were launched against the Tutsi population in Rwanda by members of the governing party, the Rwandan Armed Forces, the Interahamwe and civilian militias. In particular, two attacks were launched against Tutsi men, women and children seeking refuge at the Kiziguro and Mukarange parishes. The assailants proceeded to kill thousands of Tutsis and buried their bodies in mass graves.
The International Criminal Tribunal for Rwanda in the present case found that the Accused, Jean-Baptise Gatete, a former mayor, issued instructions to the assailants of these two attacks directing them to kill Tutsis. He additionally provided material support by distributing weapons amongst the assailants. The Tribunal convicted the Accused of genocide and extermination as a crime against humanity and sentenced him to life imprisonment.
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.
Kanyarukiga: Gaspard Kanyarukiga v. The Prosecutor
Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Gaspard Kanyarukiga is a Rwandan national. At the time of the genocide in April 1994, he was a businessman who owned a pharmacy in the Nyange Trading Centre, in Kivumu commune. Trial Chamber II of the Tribunal found him guilty of participating in planning the destruction of the Nyange church on 16 April 1994, which resulted in the killing of approximately 2,000 Tutsi civilians. He was convicted under Article 6(1) of the Statute of the Tribunal for planning genocide and extermination as crime against humanity. He received a sentence of 30 years’ imprisonment.
Kanyarukiga submitted 72 grounds of appeal and the Prosecution submitted 2 grounds of appeal against the Trial Chamber’s judgment. The Appeals Chamber dismissed all the grounds of appeal, upheld his convictions for planning genocide and exterminations as a crime against humanity and affirmed the original sentence of 30 years’ imprisonment imposed on him.
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