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During Indonesia’s occupation of East Timor from 1975 until East Timorese independence in 2002, the Indonesian Armed Forces along with a number of militia groups promoted Indonesian autonomy through violent means.

The Accused was forced to join the Laksaur militia group in 1999 and, in the course of his membership, perpetrated a number of crimes against supporters of East Timorese independence. The Special Panels for Serious Crimes convicted and sentenced the Accused to 9 years’ imprisonment for the stabbing to death by machete of three victims, the beating of numerous villagers, and the enforced disappearance of another victim who was wounded, taken out to a forest and left there. At sentencing, the Court took into consideration the frailty and sickness of the Accused who was by now 55 years old, his expression of regret at the crimes, and his having pleaded guilty. It also took into consideration the brutality of the crimes and the Accused’s apparent lack of humanity when committing them.

Ranko Češić was brought before the ICTY for his role in the commission of crimes in collection centers in the municipality of Brčko (Bosnia and Herzegovina) in May 1992. On 8 October 2003, Češić pleaded guilty to charges of war crimes and crimes against humanity, and subsequently, the Trial Chamber entered a finding of guilt.

In order to assess the appropriate sentence for Češić, Trial Chamber I balanced the gravity of the offences, the aggravating and mitigating circumstances.

With respect to the gravity of the crimes, Trial Chamber I considered that the high number of murders and the violation of the moral and physical integrity of the rape victims were factors that underlined the seriousness of the committed crimes.

Trial Chamber I also found that the vulnerability of the victims, the cruelty and depravity shown during the commission of the crimes and the exacerbated humiliation of the victims were all aggravating factors. Conversely, three mitigating circumstances were accorded relevance, namely, Češić's guilty plea, cooperation with the Prosecution, and his remorse.

Češić was sentenced to 18 years of imprisonment.

In the aftermath of the 1970 Chilean presidential elections, General Rene Schneider was killed as several military officers attempted to kidnap him. His sons allege that Henry Kissinger, then National Security Advisor to president Nixon, knew of the plans to kidnap Schneider and did nothing to stop it. The Court did not allow the case to proceed, stating that the claim made by Schneider’s sons could not be viewed separately from the context of US foreign policy at that time and that the judge should not rule on this.  Questions regarding foreign policy, the Court reasoned, should remain strictly within the domain of politics. Also, the Court held that Kissinger had acted within the constraints of his position of National Security Adviser and that therefore the defendant should be the United States, not Kissinger personally. However, the Court held that the United States enjoyed immunity for the alleged crimes. Therefore, the case was dismissed.

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 

On 19 February 2003, Trial Chamber I of the ICTR had convicted a senior Pastor of the Seventh Day Adventist Church in Mugonero, Elizaphan Ntakirutimana, and his son Dr. Gérard Ntakirutimana, a medical practitioner. On 13 December 2004, the Appeals Chamber confirmed the sentences of 10 years and 25 years in prison, respectively, imposed by the Trial Chamber.

Specifically, the Appeals Chamber affirmed the conviction of Elizaphan Ntakirutimana for aiding and abetting genocide and convicted him for aiding and abetting extermination as a crime against humanity after reversing his acquittal for the events which occurred in Bisesero. However, the Appeals Chamber quashed his conviction for aiding and abetting genocide for his participation in events which occurred at Mugonero.

Regarding Gérard Ntakirutimana, the Appeals Chamber affirmed his conviction for genocide and convicted him for murder as a crime against humanity in relation to the killing of Charles Ukobizaba. The Appeals Chamber also convicted him for aiding and abetting extermination as a crime against humanity for the procurement of police officers and ammunition for the attack on the Mugonero complex. In addition, the Appeals Chamber affirmed his conviction for genocide in relation to events which occurred at Bisesero, but found that his responsibility was that of an aider and abettor. However, the Chamber set aside his conviction for murder as a crime against humanity under the Bisesero indictment.

The Defence and Prosecution appeals were dismissed in all other respects.