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The present case concerned two Accused, Clement Kayishema and Obed Ruzindana. Kayishema, born in Kibuye Prefecture, Rwanda, was educated as a medical doctor and elected prefect of Kibuye in July 1992, a position which he held until July 1994. Ruzindana was also born in Kibuye prefecture and was a successful businessman.

The Prosecution charged Kayishema with genocide, crimes against humanity (murder, extermination, other inhumane acts) and war crimes for his role in the massacre at the Catholic Church and Home St. Jean on 17 April 1994, in the massacre at the Stadium in Kibuye Town on about 18 April 1994, in the massacre at the Church in Mubuga on about 14 April 1994 and in the massacres in the area of Bisesero from about 9 April 1994 through 30 June 1994. The Prosecution charged Ruzindana with genocide, crimes against humanity (murder, extermination and other inhumane acts) and war crimes for his role in the massacres in Bisesero.

On 21 May 1999, Trial Chamber II of the ICTR convicted Kayishema and Ruzindana on the counts of genocide and dismissed the other counts. The Chamber sentenced Kayishema to life imprisonment and Ruzindana to 25 years' imprisonment.

The Accused, Alfred Musema, was director of the Gisovu Tea Factory in Kibuye Prefecture during the 1994 genocide in Rwanda. The Prosecutor alleged that on various occasions during April, May and June 1994, Musema transported armed attackers, including employees of the factory, to different locations in Gisovu and Gishyita communes and ordered them to attack Tutsis seeking refuge there. He also personally took part in such attacks and killings. The indictment against Musema was later amended to include charges that he committed various acts of rape and that he ordered and encouraged others to rape and kill Tutsi women.

With regard to certain allegations concerning specific attacks, Trial Chamber I of the ICTR found that either the evidence presented was not sufficient or that Musema's alibi cast doubt on the Prosecution evidence. The Chamber was satisfied nevertheless that Musema had participated in attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during late-April and mid-May and his alibi for that period was not accepted. The Chamber also found that he had raped a woman named Nyiramusugi and, by his example, encouraged others to rape her. For these acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment.  

Anthony Sawoniuk was born in what is now Belarus, and was a convicted Nazi collaborator who took part in the murder of Jews during WWII. Sawoniuk later moved to the United Kingdom where he became a British citizen, this is why the War Crimes Act could be applied to his case. In the UK Sawoniuk lived freely until his name was found on a KGB list of war criminals in 1993.

After being put on trial for war crimes (murder) against Jews in Domachevo, Sawoniuk was found guilty by a jury in the Old Bailey on two charges and sentenced to life in prison. Sawoniuk appealed this judgment, arguing that the trial contained errors in law, and was therefore not a fair trial. It was mostly asserted, for several reasons, that the two eyewitnesses that were the primary evidence for his conviction were not truthful, and hence that the trial was based on unreliable and insufficient evidence. However, on 10 February 2000, the Court dismissed his appeal, judging that sufficient measures were taken by the trial judge to ensure a fair trial. In 2005 Sawoniuk died while in prison.

The Accused, Jean-Paul Akayesu, was the mayor of Taba, Rwanda. On 2 September 1998, Trial Chamber I of the Tribunal found him guilty of nine out of fifteen Counts charging him with genocide, crimes against humanity and violations of the Geneva Conventions in the first ever trial before the Tribunal. His was the first conviction ever for genocide and it was the first time that an international tribunal ruled that rape and other forms of sexual violence could constitute genocide. It was also the first conviction of an individual for rape as a crime against humanity.

Akayesu appealed against his convictions and the sentence imposed on him. His principal ground of appeal was that he had not been represented by counsel of his choice. The Prosecution also presented four grounds of appeal.

The Appeals Chamber held that the right of appeal for an indigent person to be represented by a lawyer free of charge did not imply the right to select the advocate to be assigned to defend him. The Chamber underscored that in this case there had been an abuse of the right of an indigent accused to legal aid at the expense of the international community.

The other grounds of appeal, as well as Akayesu’s appeal against the life sentence imposed upon him were also rejected.

During Indonesia’s illegal occupation of East Timor from 1975 until 2002, a number of crimes were perpetrated against independence supporters by members of the Indonesian Armed forces and pro-autonomy militia groups.

The Accused, Mateus Tilman, was a member of the Ablai militia group. In September 1999, acting on the orders of the militia leader and joined by other individuals, the Accused proceeded to the home of a suspected independence supporter and that of his daughters. The homes were set alight using a petrol can, supplied by the Accused. As the residents started to flee, the unfortunate ones were attacked by the group with machetes and arrows, including a 12-year-old boy. Others escaped with burns.

The Special Panels for Serious Crimes convicted the Accused of attempted murder and sentenced him to 4 years’ imprisonment. His defence of duress was not accepted as the Panel found that he could have refused to join the militia or escaped thereafter.