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Mpambara: Public Prosecutor v. Joseph Mpambara
Interlocutory Decision, 24 Jul 2007, District Court of The Hague, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
By a decision of 24 July 2007, the District Court of The Hague determined that it did not have jurisdiction to try the Accused for crimes of genocide as it lacked a statutory basis to do so. Further, it could not exercise indirect jurisdiction as one of the three criteria set out in the Dutch Penal Code was not met.
Bagaragaza: Public Prosecutor v. Michel Bagaragaza
Request for surrender, 21 Mar 2008, District Court of The Hague, The Netherlands
Until July 1994, Michel Bagaragaza was the managing director of OCIR-Tea, the controlling body for the tea industry in Rwanda. Bagaragaza is accused of conspiring with his employees in order to kill Tutsis in the Gisenyi Prefecture. In addition, he was a member of the local committee of the Republican Movement for Development and Democracy (MRND) for the Gisenyi Prefecture. Bagaragaza was indicted by the International Criminal Tribunal for Rwanda on charges of genocide, and in the alternative, war crimes. His case was referred to The Netherlands at the request of the Prosecutor of the ICTR.
However, a decision of the District Court of The Hague in a case against another Rwandan national, Joseph Mpambara, in which the Court held that the Dutch courts have no jurisdiction over genocide committed by non-Dutch nationals abroad prior to 2003, was released soon after Bagaragaza's surrender to The Netherlands. Fearing that the outcome would be the same and the case against him would not proceed in The Netherlands, the ICTR requested The Netherlands to surrender Bagaragaza back to the ICTR for prosecution. By a decision of 21 March 2008, the District Court of The Hague authorised the surrender.
The Prosecutor v. Radovan Karadžić
The Prosecutor v. Radovan Karadžić, Public Redacted Version of Judgement Issued on 24 March 2016 , 24 Mar 2016, International Criminal Tribunal for the former Yugoslavia, The Netherlands
The Prosecutor v. Radovan Karadžić case before the ICTY concerned events which occurred from October 1991 to November 1995 in the former Republic of Yugoslavia. These conflicts have been estimated to be the cause of a death toll of approximately 100,000 people, and to over 2,000,000 people being displaced.The victims in this case were the ethnic groups of Bosnian Muslims and Bosnian Croats residing in the targeted municipalities. The crimes in question (such as murder) were committed by Bosnian Serb Forces and Bosnian Serb Political and Governmental Organs, as per orders issued by government leaders, one of whom was Mr. Karadžić.
Mr. Karadžić was the President of the Republika Srpska (RS) and Supreme Commander of the RS armed forces during the conflicts. In his leadership position, Mr. Karadžić, together with other leaders, aimed to create an ethnically pure Bosnian Serb State by territorially dividing Bosnia and Herzegovina. Mr. Karadžić’s leadership position leveraged his power in ordering the RS armed forces and facilitating the commission of crimes against humanity, genocide, and violations of rules and customs of war. Therefore, Mr. Karadžić was indicted by the ICTY of 11 counts of crimes, including crimes against humanity, violations of rules and customs of war, and genocide. On 24 March 2016, Mr. Karadžić was found guilty of most of the counts and acquitted of one genocide count. As a result, Mr. Karadžić was sentenced to 40 years of imprisonment.
Bagosora et al.: The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, Anatole Nsengiyumva
Judgement and Sentence, 18 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania
The Accused in this case were Colonel Théoneste Bagosora, the directeur de cabinet of the Ministry of Defence, General Gratien Kabiligi, the head of the operations bureau of the army general staff, Major Aloys Ntabakuze, the commander of the elite Para Commando Battalion, and Colonel Anatole Nsengiyumva, the commander of the Gisenyi operational sector. They were charged with conspiracy to commit genocide, genocide, crimes against humanity, namely murder, exterminations, rape, persecution and other inhumane acts, and war crimes, namely violence to life and outrages upon personal dignity, for crimes committed in Rwanda in 1994. The victims of said crimes included a great number of Tutsis, the Prime Minister Uwilingiyimana and 10 Belgian peacekeepers.
Bagosora was found guilty by the Chamber of genocide, crimes against humanity and war crimes. Kabiligi was acquitted of all counts, while Ntabakuze and Nsengiyumva were convicted for genocide, crimes against humanity and war crimes. After taking into account the gravity of each of the crimes the Accused were convicted for, as well as aggravating and mitigating circumstances, the Chamber sentenced them to life imprisonment.
During the 408 trial days of this case, 242 witnesses were heard, 82 for the Prosecution and 160 for the Defence.
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.
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