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In early 1998, escalating ethnic tensions and violence led to the break out of an armed conflict in Kosovo between Serbian forces and the Kosovo Liberation Army (KLA). Serbian and Albanian civilians were perceived as non-cooperative by the KLA and were subsequently targeted for intimidation, imprisonment, violence and murder. A number of Serbian military prisoners as well as Albanian civilian prisoners were detained at the Klecka detention centre by the KLA in inhumane conditions, exposed to cold, without adequate sanitation or proper nutrition. Prisoners were frequently beaten and a number amongst them were executed and their bodies buried in mass graves nearby. 

Fatmir Limaj, Naser Krasniqi, Nexhmi Krasniqi and Naser Shala were all KLA members; Limaj was the commander of the 121^st Brigade. They were indicted by the Special Prosecutor for war crimes and stood trial before the District Court of Pristina, operating under European Union supervision in Kosovo. All Accused were acquitted by the District Court.

On appeal however, the Supreme Court ordered a retrial of all accused and held that key evidence from Limaj’s deputy who had died in Germany the previous year would be admissible in the new trial.

Ildephonse Hategekimana was born in Mugina Commne, Gitarama Prefecture, Rwanda. In 1994, during the events in Rwanda, he held the rank of lieutenant in the Rwandan army. As determined by Trial Chamber II of the Tribunal, during the relevant period covered by the indictment, Hategekimana was the commander of the Ngoma Military Camp in Butare Prefecture.

On 7 September 2007, the Prosecutor of the Tribunal requested the transfer of Hategekimana’s case for trial before Rwandan courts. On 19 June 2008 the Chamber rejected the request due to fears that the Accused would not receive a fair trial in Rwanda. Therefore, the case was tried before Trial Chamber II of the ICTR. On 16 March 2009, Hategekimana was found guilty by the Trial Chamber of genocide, murder as a crime against humanity and rape as a crime against humanity for his role in ordering the killing of Tutsi refugees at the Ngoma church. He was sentenced to life imprisonment.

Hategekimana appealed the Trial judgment on seven grounds, challenging his convictions and his sentence. The Appeals Chamber dismissed all grounds of Appeal and affirmed Hategekimana’s sentence of life imprisonment. 

The armed conflict in the Democratic Republic of the Congo opposed numerous tribes of different ethnicities in their struggle to gain power and territory, particularly over the Ituri province in the north-eastern part of the DRC, an area rich in natural resources such as gold and diamonds. One such group, the Union Patriotique des Congolais, was established in 2000 and appointed Lubanga as its chairman. He was also the commander in chief of the armed wing of the UPC, the Front Patriotique pour la Libération du Congo. This armed group was well known for its use of young children to participate in the hostilities, from fighting, to cooking, cleaning, spying, and being used as sexual slaves.

Lubanga was convicted by Trial Chamber I in the International Criminal Court’s first verdict for the war crime of conscripting, enlisting or using children under the age of 15 to actively participate in hostilities. He was sentenced to 14 years’ imprisonment on 10 July 2012, with credit for the 6+ years he had spent in detention in the Netherlands during his trial. In determining the appropriate sentence, the Court assessed the gravity of the crimes by considering the age and particular vulnerability of the victims. However, it also considered that Lubanga’s cooperation with the Court and respectful attitude even despite the Prosecution’s conduct merited mitigation. 

The current case, the first case for genocide charges before a Dutch court, took place against the Rwandan Yvonne Basebya. She comes from a wealthy family and married with Augustin Basebya, a high-ranking politician for the National Revolutionary Movement for Development (NRMD). Rwandan authorities alerted the Netherlands about Augustin being listed as wanted in Rwanda in 2007. Investigations followed, leading to Yvonne being suspected as well; ultimately, Yvonne was arrested in 2010 on suspicion of involvement in the Rwandan genocide.

The District Court of The Hague ruled on 1 March 2013 that Yvonne’s guilt on several of the (complicity in, and conspiracy to commit) genocide and war crimes charges could not be established. However, her repeated singing in public of the notorious anti-Tutsi song “Tubatsembatsembe” (meaning: “Let us eliminate them”) before the youth, unemployed and lower or uneducated and using her local notable upper-class position, combined with her repeatedly (even until the day of the judgment) expressed hatred against the Tutsis, did qualify as incitement to genocide. She was sentenced to six years and eight months in prison pursuant to the Dutch War Crimes Act: the maximum sentence at the time (which the Court regretted, noting that the 2003 International Crimes Act which replaced the War Crimes Act had changed this to 30 years).

The Cambodian genocide (1975-1979) saw numerous serious crimes in violation of international law perpetrated by the Khmer Rouge. The Khmer Rouge, in attempting to create a socialist government in Cambodia, took Cambodians from cities and forced their relocation into labor camps in the countryside. Physical abuse, malnutrition, and disease were prevalent. Elites, foreigners, and those considered enemies of the state were executed. It is estimated that almost 2 million people died.

Case 002/01 was limited to the crimes involved in the movement of the populations and executions at Tuol Po Chrey that occurred during the period of the Cambodian genocide. The case found defendants Nuon Chea, the Deputy Secretary of the Communist Party of Kampuchea and Khieu Samphan, former Head of State of Democratic Kampuchea, guilty of crimes against humanity. The defendants were charged for the crimes of murder, political persecution, and other inhumane acts (forced transfer) for the two forced movements of Cambodians from the cities to rural areas and other related crimes. In addition, the defendants were found guilty of the added charges pertaining to the hundreds of executions of Khmer Republic soldiers and officials that occurred at Tuol Po Chrey, executed by Khmer Rouge forces.

Both defendants appealed.