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Delić: Prosecutor v. Rasim Delić (TC)

Judgment (public), 15 Sep 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

In 1992, the so-called Mujahedin forces joined the military struggle of the Army of Bosnia and Herzegovina against the Serbian forces. During three incidents between 1993 and 1995, the Mujahedin forces maltreated and killed both civilians and soldiers of the adversaries. 

Trial Chamber I found that these acts amounted to war crimes in the meaning of Article 3 of the ICTY Statute. 

When considering whether Rasim Delić could be held responsible for failing to prevent and punish these crimes, the Chamber found that he was guilty only with respect to the cruel treatment of captured Serb soldiers during the Livade incident. It found Delić not guilty with respect to the incident of Bikoši due to the lack of superior-subordinate relationship between those who committed the crimes and Delic. Responsibility for the last incident – in Kesten – was also rejected due to Delić's lack of reason to know that the crimes were about to be committed. 

Delić received a sentence of three years of imprisonment.


Nchamihigo: Siméon Nchamihigo v. The Prosecutor

Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

In 1994, Simèon Nchamihigo was a Deputy Prosecutor in Cyangugu prefecture, Rwanda.

On 18 March 2010, the Appeals Chamber of the ICTR reversed the Accused’s convictions rendered by Trial Chamber III on 24 September 2008 for genocide and murder as a crime against humanity for aiding and abetting the killing of Joséphine Mukashema, Hélène and Marie. The Appeals Chamber also quashed his conviction for genocide for instigating the killings at Shangi parish and Hanika parish. It also reversed his convictions for genocide and extermination as a crime against humanity in relation to instigating the massacre at Mibilizi parish and hospital and the massacre at Nyakanyinya school.

The Appeals Chamber affirmed Nchamihigo’s convictions for genocide and extermination as a crime against humanity for instigating killings, including those of Karangwa, Dr. Nagafizi and Ndayisaba’s family on or about 7 April 1994 and for instigating the massacre in Gihundwe sector on 14 or 15 April 1994. It also affirmed his conviction for other inhumane acts as a crime against humanity for ordering the attack on Jean de Dieu Gakwandi and for genocide and murder as a crime against humanity for instigating the killing of Father Boneza.

The Appeals Chamber reduced Nchamihigo's sentence from life imprisonment to forty years' imprisonment.


Delić: The Prosecutor v. Rasim Delić (AC)

Decision on the Outcome of the Proceedings (public), 29 Jun 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

On 15 September 2008, Trial Chamber I found Delić guilty of war crimes for his role in the events in the Livade and Kamenica Camps between July and August 1995. Delić appealed the decision but died before the Appeals Chamber could issue a judgment on his appeal. 

The Chamber was faced with two questions. First, whether the death of Delić will terminate the appeals proceedings, and second, whether this termination will render the Trial Chamber's initial judgment final. 

With regard to the first issue, the Chamber found that it only has jurisdiction when the persons before it are natural persons which implies that they are alive. This means that the death of the appellant will terminate the appeal. As concerns the second issue, now that no appeal judgment could be rendered in this trial because of the death of the appellant, the trial judgment remains in force.


Habré: Hissène Habré v. Republic of Senegal

Judgment, 18 Nov 2010, Court of Justice of the Economic Community of States of West Africa (ECOWAS), Nigeria

Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Residing in exile in Senegal, he was unsuccessfully brought before the Senegalese courts in 2000-2001 at which time the Supreme Court of Senegal confirmed that it did not have jurisdiction to hear the case as the acts allegedly committed by Habré were not criminalised under domestic law. In response to an African Union mandate to prosecute Habré, Senegal amended its legislation to provide for universal jurisdiction over crimes against humanity and acts of torture committed by foreign nationals outside of Senegalese territory.

Habré brought a complaint against Senegal before the Court of Justice of the Economic Community of States of West Africa alleging that the new legislation breached his human rights, including the principle of non-retroactivity of the criminal law. The Court held, in a decision that has been criticised for lack of legal basis, that Senegal would violate the principle of non-retroactivity if its tried Habré in its domestic courts. Instead, international custom mandates that Senegal establish a special tribunal to try and prosecute Habté. 


Aisha Gaddafi v. NATO: Aisha Gaddafi v. North Atlantic Treaty Organization

, 27 Jul 2011, Not applicable. Decision not to proceed was taken in Belgium

On 7 June 2011, Aisha Gaddafi, the daughter of Libyan leader Muammar Gaddafi, filed a claim against NATO in Belgium. She argued that the NATO bombing in Tripoli on 30 April 2011 killed her daughter, her brother and other family members. Aisha Gaddafi asserted that the NATO forces specifically attacked the building that was not used in support of any military action. She claimed that the bombing constituted war crimes.

On 27 July 2011, the Belgium prosecutors announced that they decline to investigate the complaint on the basis of the absence of connection between the victims or the defendants and Belgium. 


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