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Seromba: The Prosecutor v. Athanase Seromba
Judgement, 12 Mar 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), 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 the Accused of aiding and abetting genocide and crimes against humanity against Tutsi refugees who had sought refuge at Nyange parish in order to escape attacks. 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.
Both the Accused and the Prosecution appealed the Trial judgment. On 12 March 2008, the Appeals Chamber overturned the conviction of the Accused for aiding and abetting genocide and extermination as a crime against humanity and substituted convictions for committing genocide and extermination as a crime against humanity for his role in the destruction of the church in Nyange Parish causing the death of approximately 1,500-2,000 Tutsi refugees sheltering inside. The Chamber increased Seromba's sentence to life imprisonment.
Haradinaj et al.: The Prosecutor v. Ramush Haradinaj, Idriz Balaj, and Lahi Brahimaj (TC)
Judgment (Public), 3 Apr 2008, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
Between March and September 1998, the Kosovo Liberation Army (KLA) was attacking the Dukagjin area in order to assert its control over that territory. All three accused held positions within the KLA.
The charges comprised of crimes against humanity and war crimes, but Trial Chamber I held that the necessary contextual elements of the former had not been satisfied. Therefore, it dismissed all counts of crimes against humanity. It did further determine that war crimes had been committed by the KLA forces, but only found sufficient evidence for some of the allegations. Accordingly, it limited the counts for which responsibility could be attributed.
There was lack of evidence to prove the existence of a common purpose to remove the Serbian, Kosovar Roma/Egyptian and Kosovar Albanian civilians from the Dukagjin area, and, therefore, the three accused could not be held guilty for participating in a joint criminal enterprise.
The Chamber found only Brahimaj guilty of torture and cruel treatment and sentenced him to 6 years of imprisonment.
Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 29 Aug 2008, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
From 1 March until mid-June 1994, Tharcisse Muvunyi served as Lieutenant Colonel in the Rwandan Armed Forces, stationed at the École des Sous-officiers (ESO) in Butare prefecture. This case concerns Muvunyi’s responsibility for crimes committed at various locations in Butare Prefecture between April and June 1994.
The Trial Chamber had convicted Muvunyi of genocide, direct and public incitement to commit genocide, and other inhumane acts as a crime against humanity and had convicted him to 25 years of imprisonment.
Both Muvunyi and the Prosecution appealed the trial judgment. The Appeals Chamber overturned the convictions for genocide, direct and public incitement to commit genocide based on a speech he had given in Gikonko, and other inhumane acts as a crime against humanity. The Appeals Chamber also quashed Muvunyi’s conviction for direct and public incitement to commit genocide based on a speech he had given at the Gikore Trade Centre and ordered a retrial limited to the allegations connected with this incident. The Chamber set aside the sentence of 25 years’ imprisonment.
Nchamihigo: The Prosecutor v. Siméon Nchamihigo
Judgement and Sentence, 12 Nov 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwandan genocide, Siméon Nchamihigo was the Deputy Prosecutor in Cyangugu prefecture.
Nchamihigo was charged with genocide (Count 1), murder, extermination and other inhumane acts as crimes against humanity (Counts 2, 3, 4). On 24 September 2008, Trial Chamber III of the ICTR found that on 7 April 1994, the Accused told Interahamwe to search for and kill Tutsi with the intention to destroy the Tutsi ethnic group and other civilians who were RPF accomplices, as part of a widespread attack against civilians in Cyangugu. The Chamber also concluded that he had participated in various attacks on refugee locations, that he had attended the prefecture Security Council meetings on 11 and 14 April 1994, and that certain of the massacres had been planned during these meetings. Based on the findings, the Trial Chamber convicted Nchamihigo on all counts and sentenced him to life imprisonment.
Karera: François Karera v. The Prosecutor
Judgement, 2 Feb 2009, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
During the Rwandan genocide, François Karera was prefect of Kigali-Rural and member of the MRND.
On 7 December 2007, Trial Chamber I of the Tribunal found Karera guilty of genocide and extermination and murder as crimes against humanity, for his participation in the killing of Tutsis in Nyamirambo sector, at Ntarama Church, and in Rushashi commune. He was sentenced to life imprisonment.
Karera appealed his convictions and the sentence imposed on him. On 2 February 2009, the Appeals Chamber granted Karera’s appeal in part. It reversed his conviction for aiding and abetting genocide and extermination as a crime against humanity, based on the killing of Murekezi, and for instigating murder as a crime against humanity, based on the murder of Gakuru. The Chamber dismissed all the other grounds of appeal and affirmed the sentence of life imprisonment.
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