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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.
Ngudjolo: The Prosecutor v. Mathieu Ngudjolo
Judgment Pursuant to Article 74 of the Statute, 18 Dec 2012, International Criminal Court (Trial Chamber II), The Netherlands
Mathieu Ngudjolo Chui was charged with crimes against humanity (crimes committed on a widespread basis and directed against civilians) and war crimes (prohibited acts committed during war) that occurred during the attack against the Bogoro village on 24 February 2003. In particular, the Accused was suspected of killing, training and using children to support his military activities, destroying houses, and attacking the inhabitants of the Bogoro village. These crimes were allegedly committed by the accused together with Germain Katanga and other persons.
Regarding of the use of children, the Trial Chamber stated that these were often present in military groups in Ituri. However, it was not proven that the accused himself trained or involved children under the age of fifteen in war activities.
In addition, it was not proven that the accused was a commander of Lendu group in February 2003. Therefore, he was released. Nevertheless, regardless of the acquittal of the accused, the Trial Chamber emphasised that the acquittal does not mean that crimes were not committed on 24 February 2003 and that the victims did not suffer damages.
The Prosecutor v Mathieu Ngudjolo case is the second judgment issued by the ICC, and its first acquittal.
Samardžić: The Prosecutor v. Neđo Samardžić
Verdict, 7 Apr 2006, The Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina
In the period of April 1992 until March 1993 a large-scale armed conflict was taking place in the Foča municipality. During this time Neđo Samardžić was a member of the army of the so-called Serb Republic of Bosnia and Herzegovina. As part of this army, Samardžić committed and helped commit killings, forced people to relocate, forced women into sexual slavery, held women in a specific camp where they were raped, and persecuted (Muslim) Bosniak civilians on national, religious, ethnical and gender grounds.
The Court dismissed Samardžić' complaints that he had had no opportunity to (sufficiently) cross-examine the witnesses, as it found that he had been sufficiently able to cross-examine the witnesses and test their reliability. On 7 April 2006 Samardžić was found guilty of crimes against humanity and was sentenced to thirteen years and four months imprisonment.
Bizimungu et al.: The Prosecutor v. Casimir Bizimungu, Justin Mugenzi, Jérôme-Clément Bicamumpaka, Prosper Mugiraneza
Judgement and Sentence, 30 Sep 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Casimir Bizimungu was Minister of Health from April 1987 until January 1989. He returned to this position form April 1992 until he fled Rwanda in July 1994.
Justin Mugenzi founded the Parti Libéral (PL) on 14 July 1991. He became Minister of Commerce in July 1993. Mr. Mugenzi continued to hold this position in the Interim Government.
Jérôme-Clément Bicamumpaka joined the Mouvement Démocratique Républicain (MDR) party in 1991 and was sworn in to the Interim Government as the Minister of Foreign Affairs on 9 April 1994.
After working as a prosecutor and in various ministries in Kigali, Prosper Mugiraneza was appointed Minister of Public Service and Professional Training in 1992. When the Interim Government was formed, he became the Minister of Civil Service.
The Trial Chamber convicted both Mugenzi and Mugiraneza for conspiracy to commit genocide for their participation in the decision to remove Butare’s Tutsi Prefect, Jean-Baptiste Habyalimana. They were also convicted for direct and public incitement to commit genocide for their participation at the installation ceremony where President Théodore Sindikubwabo gave an inflammatory speech inciting the killing of Tutsis. The two Accused were sentenced to 30 years of imprisonment. Bizimungu and Bicamumpaka were acquitted.
Ngirabatware: The Prosecutor v. Augustin Ngirabatware
Judgement and Sentence, 20 Dec 2012, International Criminal Tribunal for Rwanda, Tanzania
In the final trial before the International Criminal Tribunal for Rwanda, the Accused was Augustin Ngirabatware, the Minister of Planning from 1990 until July 1994 in the Rwandan government and an influential figure by virtue of his education and wealthy background. Indicted on charges of genocide and crimes against humanity, the Trial Chamber found that Ngirabatware had actively espoused the killing of the Tutsi population in Rwanda by delivering speeches to large assembled crowds encouraging them to man roadblocks and kill Tutsis. He distributed weapons to the Interahamwe militia and encouraged them to perpetrate crimes against the Tutsi population. Ngirabatware was convicted of genocide, direct and public incitement to commit genocide and rape as a crime against humanity. He was sentenced to 35 years’ imprisonment on 20 December 2012.
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