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Glavaš: Prosecutor's Office of Bosnia and Herzegovina v. Branimir Glavaš

Verdict, 29 Nov 2010, Court of Bosnia and Herzegovina, Section I for War Crimes, Panel of the Appellate Division, Bosnia and Herzegovina

The case of Branimir Glavaš marks the first time that a high-ranking Croatian politician was sentenced for war crimes committed during the Croatian war of independence (1991-1995).

Glavaš has always denied any wrongdoing and he protested his detention and trial in Croatia by going on a 40-day hunger strike in 2006. He considered his case to be politically motivated and Nikica Grzić, his defence attorney, alleged that the trial was based on “political, not legal statements.” Nevertheless, after several appeals, on 2 June 2010, the Croatian Supreme Court sentenced Glavaš to eight years’ imprisonment for the war crimes of murder and torture of civilians. Glavaš attempted to evade sitting out his sentence by fleeing to Bosnia, but to no avail: there, he was arrested as well and the Bosnian courts upheld the verdict issued by their Croatian colleagues.


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.


Muvunyi: Tharcisse Muvunyi v. The Prosecutor

Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

In 1994, Tharcisse Muvunyi held the rank of Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers in Butare Prefecture.

On 11 February 2010, the Trial Chamber of the ICTR convicted Muvunyi of direct and public incitement to genocide based on his statements made at a public meeting at the Gikore Trade Centre in Butare prefecture in early May 1994. He was sentenced to 15 years of imprisonment.   

Muvunyi appealed his conviction and sentence and requested the Appeals Chamber to overturn his conviction. The Prosecution also appealed the judgment and requested the Appeals Chamber to increase the sentence to 25 years of imprisonment.

The Appeals Chamber of the ICTR dismissed both appeals and upheld the Accused’s sentence to 15 years of imprisonment.

On 6 March 2012, the President of the ICTR, Judge Vagn Joensen, granted Muvunyi's application for early release since more than three quarters of his sentence had been served.


Munyakazi: The Prosecutor v. Yussuf Munyakazi

Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

Yussuf Munyakazi was a landowner and farmer in Bugarama community, Rwanda. On 30 June 2010, the Trial Chamber of the ICTR delivered its judgment on Munyakazi’s case. It found that Munyakazi had been a leader in the incidents that had taken place at Shangi parish on 29 April 1994 and Mibilizi parish on 30 April 1994 and that he was responsible for the deaths of 5,000 Tutsi civilians. As a result, the Chamber convicted him for genocide and extermination as a crime against humanity and sentenced him to 25 years of imprisonment.  

Both Munyakazi and the Prosecution appealed against the judgment. Munyakazi submitted eight grounds of appeal challenging his convictions and sentence and requested the Appeals Chamber to acquit him. The Prosecution presented three grounds against the Trial judgment. The Appeals Chamber dismissed all grounds of appeal, upheld Munyakazi’s convictions for genocide and extermination as a crime against humanity and affirmed the sentence of 25 years of imprisonment imposed upon him. 


Ndahimana: The Prosecutor v. Grégoire Ndahimana

Judgement and Sentence, 30 Dec 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Grégoire Ndahimana was Mayor of Kivumu commune (community)in Rwanda in April 1994. Following the death of President Habyarimana, a common plan was realised in Kivumu commune. The purpose of this plan was to exterminate the Tutsis who lived there.

After the President’s death, one to two thousand Tutsi civilians sought refuge at Nyange parish. Only a very small number of these civilians survived the attacks on the parish that occurred on 15 and 16 April 1994.

The Prosecutor of the ICTR charged Ndahimana with genocide and extermination as a crime against humanity for his role in the massacres of Tutsis that took place in Kivumu commune over ten days from 6 April 1994 to 16 April 1994. He was found guilty of genocide and extermination by aiding and abetting as well as by virtue of his command responsibility over the communal police. Ndahimana was sentenced to 15 years of imprisonment.  

Both the Prosecution and the Defence have lodged appeals against the judgment.


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