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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. 

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.

After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina).

Trial Chamber II held that the elements required for the establishment of grave breaches of the Geneva Conventions have not been met. Particularly, the Muslim victims were not in the hands of the party to the conflict of which they were not nationals, since the armed forces of the Republika Srpska were not an organ or agent of the Federal Republic of Yugoslavia. Therefore, the victims could not be seen as “protected persons” within the meaning of the Geneva Conventions; as such, Trial Chamber II acquitted Tadić of all charges of grave breaches of the Geneva Conventions.

Trial Chamber II found Tadić guilty of crimes against humanity (persecutions and inhumane acts) and of violations of the laws or customs of war (cruel treatment). 

After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment.

The Appeals Chamber denied Duško Tadić’s appeal on all grounds. It did allow, however, the Prosecution’s appeal, reversing the judgment of Trial Chamber II and entering convictions for war crimes and crimes against humanity.

The Appeals Chamber also held that an act carried out for the purely personal motives of the perpetrator can constitute a crime against humanity. Furthermore, Trial Chamber II erred in finding that all crimes against humanity require discriminatory intent. 

The issue of sentencing was referred to a Trial Chamber.