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Mpambara: Public Prosecutor v. Joseph Mpambara

Judgment, 23 Mar 2009, District Court of The Hague, The Netherlands

Between April and July 1994, as much as 10% of the entire Rwandese civilian population was murdered in an ethnic conflict in which the Hutu sought to eliminate the Tutsi. At the same time, an armed conflict was fought between the Rwandese government army (FAR) and the armed forces of the Rwandese Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandese Tutsi who fled from Rwanda in preceding years.

The Accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was brought before the Dutch courts on charges of war crimes, torture and genocide. The present decision by the District Court of The Hague convicted the Accused of complicity in torture on two separate incidents. The first concerned the threatening of a German man, his Tutsi wife and their baby at a roadblock. The second concerned the mutilation and murder of a number of Tutsi women and their children who were stopped and forced outside from the ambulance in which they were being transported from one locality to another.

The Court was not able to convict the Accused for war crimes as it found that there wasn’t a sufficient link between the acts and the armed conflict in Rwanda. It was precluded from prosecuting the charges of genocide because the Dutch courts lacked jurisdiction. The Accused was sentenced to 20 years’ imprisonment.


Lukić & Adamović: Prosecutor’s Office of Bosnia and Herzegovina v. Bošco Lukić and Marko Adamović

Indictment, 5 Jun 2008, Court of Bosnia and Herzegovina (Preliminary Hearing Judge), Bosnia and Herzegovina

In this case, the Court of Bosnia and Herzegovina acquitted the accused Boško Lukić and Marko Adamović of the charges entered against them. As active members of the Serb Democratic Party (SDS) and military officers in the municipality of Ključ, they were suspected of having participated in a joint criminal enterprise with the main purpose being the deportation of the non-Serb civilian population living in Ključ.


Brown et al. v. Rwanda: Vincent Brown aka Vincent Bajinja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Ugirashebuja v. The Government of Rwanda and The Secretary of State for the Home Department

Judgment (Appeal against extradition), 8 Apr 2009, High Court of Justice, Divisional Court, Great Britain (UK)

Vincent Brown aka Vincent Bajinya and three other men claimed asylum in the United Kingdom after the genocide in Rwanda in 1994. In 2006, Rwanda requested extradition of the four men for their alleged involvement in the genocide. On 28 December 2006, the four suspects were arrested in the United Kingdom.

The men appealed their extradition before the High Court. The judges determined that there is a real risk that the four men would not be granted a fair trial in Rwanda, and determined that the suspects could not be extradited to Rwanda. 


Mamani v. De Lozada & Berzain: Mamani et al. v. Sánchez de Lozada, and Mamani et al. v. Sánchez Berzain

Decision on Appeal, 29 Aug 2011, United States Court of Appeals for the Eleventh Circuit, United States

Nine relatives of people killed during a series of national protests in Bolivia in October 2003, brought a case in the U.S. against the former President of Bolivia, Sánchez de Lozada, and the former Minister of Defence of Bolivia, Sánchez Berzaín. The plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín were responsible for the killing of more than 400 people in Bolivia during the suppression of the protests directed against the government’s policies. In particular, the plaintiffs claimed that Sánchez de Lozada and Sánchez Berzaín gave orders to the Bolivian security forces to use deadly force against protestors. The plaintiffs asked for compensation. On 29 August 2011, a U.S. Court of Appeals dismissed their claims because they had not presented enough evidence to establish a link between both Sánchez de Lozada and Sánchez Berzaín and the killings.


Barake v. Israel: Barake et al. v. The Ministry of Foreign Defense et al.

Judgment, 14 Apr 2002, Supreme Court of Israel sitting as the High Court of Justice, Israel

During IDF operations against terrorist infrastructure in the areas of the Palestinian Authority (“Operation Defensive Wall”), a dispute arose about burial rights. The Palestinian petitioners requested that the IDF be ordered to cease checking and removing the bodies of Palestinians that had been killed during the course of warfare in the Jenin refugee camp, and that the IDF be ordered not to bury those ascertained to be terrorists in the Jordan valley cemetery. Petitioners also requested to acknowledge that the tasks of identifying and removing the bodies were the responsibility of medical teams and the Red Cross, and that the families be allowed to bring their dead to a quick and honorable burial. 

The Supreme Court of Israel held that the government was responsible, under international law, for the location, identification, and burial of the bodies. As such, teams will be assembled for the location, identification and removal of bodies. The government agreed that the Red Cross should participate in these activities and would "positively consider the suggestion" that the Red Crescent also participate, according to the discretion of the Military Commander. Furthermore, it was established that the identification process be completed as quickly as possible, and will ensure the dignity of the dead as well as the security of the forces. At the end of the identification process, the burial stage will begin; the government allowed the Palestinians to do this themselves, as long as they did it in a timely manner and without threatening Israeli security. Also, no differentiation will be made between bodies (e.g. between the bodies of civilians and the bodies of declared terrorists).


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