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Ndindiliyimana et al.: The Prosecutor v. Augustin Ndindiliyimana, Augustin Bizimungu, Francois-Xavier Nzuwonemeye and Innocent Sagahutu

Judgement and Sentence, 17 May 2011, International Criminal Tribunal for Rwanda, Tanzania

The death of Rwandan President Habyariamana in April 1994 reignited ethnic tensions in Rwanda between the Hutu and the Tutsi. Members of the pre-dominantly Hutu Rwandan Armed Forces, including the Rwandan Army (FAR), the Gendarmerie Nationale and the elite reconnaissance unit, the RECCE Battalion, along with Interahamwe militia members perpetrated a series of attacks against largely unarmed Tutsi civilians.

The incidents concerned by the present case are numerous and include the killings of Tutsi at Kansi Parish, St André College, Nyanza Hill, Musambara commune office and many more. Women and girls were also raped. The Prime Minister and the Belgian personnel guarding her were also assassinated by members of the RECCE Battalion. The present case brings together four key military leaders, responsible for the conduct of the soldiers and gendarmes who perpetrated the afore-mentioned attacks: Ndindiliyimana was Chief of the Gendarmerie Nationale, Bizimungu was head of the FAR, Nzuwonemeye was Commander of the RECCE Battalion and Sagahutu was commander of one of the combat squadrons of the same RECCE Battalion. In light of their authority over their respective forces, Trial Chamber II of the International Criminal Tribunal for Rwanda found Ndindiliyimana guily of genocide, crimes against humanity and murder as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II; Bizimungu guilty of genocide, crimes against humanity, murder and rape as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II; and Nzuwonemeye and Sagahutu guilty of crimes against humanity and murder as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II. 

Bizimungu received a 30-year sentence, Nzuwonemeye and Sagahutu each received 20 year sentences. Controversially, Ndindiliyimana received a sentence for time served, meaning that his 11 years in detention prior to and during the trial sufficed and he was released following the judgment. On Appeal, Ndindiliyimana and Nzuwonemeye were aquitted, Sagahutu had his conviction for war crimes and crimes against humanity affirmed, but the sentence lowered from 20 to 15 years and Bizimungu's sentence was upheld to 30 years inprisonment.


Lubanga: The Prosecutor v. Thomas Lubanga Dyilo

Decision on Sentence Pursuant to Article 76 of the Statute (Public), 10 Jul 2012, International Criminal Court (Trial Chamber I), The Netherlands

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. 


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.


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.


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.


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