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Katanga: The Prosecutor v. Germain Katanga

Judgment, 7 Mar 2014, International Criminal Court (Trial Chamber II), The Netherlands

Between 1999 and 2003, Ituri  (Democratic Republic of Congo - DRC) was the scene of a violent conflict between the Lendu, Ngiti and Hema ethnic groups. The Hema-dominated Union of Congolese Patriots (UPC) seized control of Bunia, the district capital, in August 2002. On the road between Bunia and the border with Uganda lies the strategically important town of Bogoro, with a UPC military camp in the middle of the town. On 24 February 2003 a Ngiti militia attacked Bogoro, aiming to drive out or eliminate the UPC camp as well as the Hema population. Numerous civilians were murdered and/or raped and the town was partly destroyed.

During this time, Germain Katanga was President of the Ngiti militia and Commander or Chief of Aveba. As such, he formally exercised authority over the attackers; therefore he was indicted by the ICC for participating in the crimes against humanity and war crimes committed during the Bogoro attack.

The Trial Chamber found that Katanga, while formally President, did not have full operational command over all fighting forces and commanders. Therefore he was acquitted of some of the crimes committed. However, since he had provided indispensable logistical aid (providing arms and transportation), he had enabled the militia to commit the crimes. He knew of their intent and intentionally contributed to the perpetration of the crimes; as such, the Chamber found him guilty, as accessory, of the crime against humanity of murder and the war crimes of murder, attacking a civilian population, destruction of property and pillaging. 

On 23 May 2014, the Court sentenced Katanga to 12 years' imprisonment with credit for time served in the ICC's detention centre, approximately 7 years.


Perišić: The Prosecutor v. Momčilo Perišić

Judgment (public with confidential annex c), 6 Sep 2011, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands

Momčilo Perišić was a high-level military officer in the Yugoslav Army, which provided assistance both through sending weapons and through paying the salaries of the officers of the Army of Republika Srpska (VRS) and that of the Serbian Krajina (SVK). 

Three incidents were relevant for the purposes of his trial. The shelling and sniping in Sarajevo, the invasion of the town of Srebrenica, both perpetrated by the VRS, and the SVK's attacks in Zagreb.

The Chamber found Perišić guilty as aider and abettor to war crimes and crimes against humanity for his role in the incidents in Sarajevo and Srebrenica. 

The Chamber found him not guilty for his failure to punish the acts of the VRS in Sarajevo and Srebrenica due to the lack of his effective control over the conduct of the VRS. 

However, he was found guilty for the failure to punish the criminal behavior of the SVK, over the conduct of which he did possess effective control. Perišić was sentenced to 27 years of imprisonment.


Nyiramasuhuko et al.: The Prosecutor v. Pauline Nyiramasuhuko et al.

Judgement and Sentence, 24 Jun 2011, International Criminal Tribunal for Rwanda, Tanzania

The death of Rwandan President Habyariamana on 6 April 1994 reignited ethnic tensions in Rwanda between the Hutu and Tutsi populations that had previously resulted in a civil war in the early 1990s. An Interim Government was established, which developed a plan to eradicate the Tutsi “enemy” with the use of the armed forces and various civilian militia groups including the feared Interahamwe.

The six Accused in the present case all represented military, political or civilian authorities in Butare commune: Nyiramasuhuko was the Minister of Family and Women’s Development; Nsabimana served as the prefect of Butare from April until 17 June 1994; Nteziryayo was a member of the Ministry of the Interior; Kanyabashi was the mayor of Ngoma commune; Ndayambaje was the mayor of Muganza commune and Ntahobali was a leader of a unit of the Interahamwe. Following the replacement of the former prefect of Butare by Nsabimana on 20 April 1994, large scale massacres of Tutsi took place in Butare commune. Thousands were slaughtered with machetes and grenades at Mugombwe Church, Kabuye Hill, Kabakobwe Hill and Matyazo Clinic. In line with the Interim Government’s policy, roadblocks were set up at which Tutsi could be identified, separated, abducted, raped and killed by soldiers and Interhamwe alike. Megaphone announcements were heard throughout Butare town encouraging the Hutu to flush out and eradicate their Tutsi enemy.

The International Criminal Tribunal for Rwanda convicted each of the Accused variously for genocide, cnspiracy to commit genocide, direct and public incitement of genocide, the crimes against humanity of extermination, persecution and rape and the war crimes of violence to life and outrage supon personal dignity. Nyiramasuhuko, Ntahobali and Ndayambaje were sentenced to life imprisonment; Kanybashi, Nteziryayo and Nsabimana to 35, 30 and 25 years’ imprisonment respectively.

The case is currently on appeal before the Appeals Chamber of the ICTR. 


Karamira: Public Prosecutor v. Froduald Karamira

Jugement, 14 Feb 1997, Court of First Instance of Kigali / Tribunal de Première instance de Kigali, Rwanda


M.P. et al.: Public Prosecutor v. M.P. et al.

Verdict, 24 Apr 1997, District Court in Zadar, Croatia (Hrvatska)

The Zadar County Court of Croatia, in its verdict of 24 April 1997, convicted in absentia 19 officers of the so-called Yugoslav People’s Army (JNA) for the siege of the city of Zadar, which caused the death of at least 30 civilians and the destruction of significant parts of the city – including facilities and objects of large economic and cultural significance – without any military necessity to do so. The officers were found guilty of war crimes against civilians and crimes against humanity, and sentenced to prison sentences that ranged – depending on their military rank and degree of control over the campaign and, specifically, the targeting of unlawful targets – from ten to 20 years. However, as they had left Croatia before the initial indictment, the convicted persons have not yet been caught.


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