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Jelisić: The Prosecutor v. Goran Jelisić

Judgment, 5 Jul 2001, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Jelisić was brought before the ICTY for his role in the commission of crimes in the municipality of Brčko (Bosnia and Herzegovina) in 1992. 

Jelisić pleaded not guilty to genocide and guilty to war crimes and crimes against humanity. With respect to genocide, Trial Chamber I found him not guilty due to insufficient evidence to sustain his responsibility. For the crimes to which he pleaded guilty, Trial Chamber I sentenced him to 40 years of imprisonment. Therefore, Trial Chamber I’s acquittal of genocide was appealed by the Prosecutor, and Jelisić was allowed to respond.

The Appeals Chamber allowed the Prosecution’s first two appeals, in which it upheld the argument that Trial Chamber I erred when entered an acquittal without first hearing the Prosecution, and when applied an erroneous legal standard which led it to incorrectly assess the evidence.

The Appeals Chamber was unable to conclude that Jelisić did not possess the special intent required for genocide (the intent to destroy, in whole or in part, a national, ethnical, racial or religious group). However, the Appeals Chamber declined to reverse the acquittal on genocide.

The Appeals Chamber found an error in Trial Chamber I’s finding that Jelisić was guilty of two murders, when in fact he pleaded guilty to only one.

Jelisić’s sentence was affirmed.


Gacumbitsi: The Prosecutor v. Sylvestre Gacumbitsi

Judgment, 17 Jun 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 


Ndindabahizi: The Prosecutor v. Emmanuel Ndindabahizi

Judgment and Sentence , 15 Jul 2004, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused, Emmanuel Ndindabahizi, had been appointed Minister of Finance in the Interim Government of Rwanda on 9 April 1994 and held the post until July 1994.

For his role in the events that took place at Gitwa Hill and at Gaseke roadblock, the Prosecution of the ICTR charged Ndindabahizi with three counts: genocide; extermination and murder as crimes against humanity. On 15 July 2004, Trial Chamber I of the Tribunal found Ndindabahizi guilty of genocide for instigating, facilitating and assisting attacks against Tutsi refugees who had gathered at Gitwa Hill on two occasions, namely on 23 and 24 April 1994. The Chamber also found him guilty of extermination as a crime against humanity for his actions at Gitwa Hill. In addition, the Chamber found him guilty of genocide and murder on the grounds that he had encouraged those manning Gaseke roadblock to kill Tutsi and that he had provided them with material assistance. The Trial Chamber sentenced Ndindabahizi to life imprisonment. 


Muhimana: The Prosecutor v. Mikaeli Muhimana

Judgement and Sentence, 28 Apr 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

On 28 April 2005, Trial Chamber III of the ICTR sentenced Mikaeli Muhimana to imprisonment for the remainder of his life. The Trial Chamber found Muhimana, a former conseiller of Gishyita Sector in Kibuye prefecture, guilty on three counts: genocide, rape as a crime against humanity and murder as a crime against humanity.

The Chamber found Muhimana guilty of murdering several Tutsi civilians, including a pregnant woman whom he had disembowelled in order to see what the foetus looked like. The Chamber found that Muhimana’s active participation in the decapitation of Assiel Kabanda, and the subsequent public display of his severed head also constituted an aggravating factor. The Accused was found criminally liable for committing and abetting rapes as part of a widespread and systematic attack against the Tutsi civilian population. He had personally raped several Tutsi women in his home and at other locations. He also raped a girl whom he believed to be Tutsi, and apologized to her when he later found out that she was, in fact, Hutu.


Simba: The Prosecutor v. Aloys Simba

Judgement and Sentence, 13 Dec 2005, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

In April 1994, in the days following the death of President Habyarimana, thousands of Tutsi civilians in Gikongoro prefecture in southern Rwanda fled their homes following attacks by Hutu militiamen. They sought sanctuary at places such as Kibeho Parish, Cyanika Parish, Murambi Technical School and Kaduha Parish. Hutu militiamen assisted by local officials and gendarmes launched attacks against them resulting in the death of a large number of Tutsi civilians.

The Accused, Aloys Simba, was a retired lieutenant colonel and former member of parliament. The Prosecution contended that Simba was one of the principal architects of these massacres, and therefore charged him with genocide (Count 1), complicity in genocide (Count 2), and extermination (Count 3) and murder (Count 3) as crimes against humanity. At the close of the trial, the Prosecution withdrew the charges of complicity in genocide and of murder as a crime against humanity.

On 13 December 2005, Trial Chamber I of the ICTR found Simba guilty of genocide and extermination as a crime against humanity for his participation in the aforementioned massacres and sentenced him to 25 years of imprisonment.    


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