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Renzaho: Tharcisse Renzaho v. The Prosecutor
Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Tharcisse Renzaho was a Rwandan army officer and waspromoted to the rank of Colonel in July 1992. During the Rwandan genocide in 1994, he was Prefect of Kigali-Ville prefecture.
The Prosecution had charged him with genocide, crime against humanity, and war crimes for his role in the relevant events of 1994. On 14 July 2009, the Trial Chamber of the ICTR convicted Renzaho for genocide, murder and rape as crimes against humanity, and murder and rape as war crimes. The Trial Chamber sentenced him to life imprisonment.
Renzaho appealed the judgment on thirteen grounds. He requested the Appeals Chamber to overturn the Trial judgment, acquit him on all counts of the indictment, and order his immediate release. In the alternative, Renzaho requested the Appeals Chamber to a lower sentence that would reflect his true level of responsibility.
The Appeals Chamber granted some of Renzaho’s grounds of appeal and dismissed others. It affirmed Renzaho’s sentence of life imprisonment, subject to credit being given to time already served.
Rutaganira: The Prosecutor v. Vincent Rutaganira
Judgement and Sentence, 14 Mar 2005, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
From 1985 to 1994, Vincent Rutaganira was conseiller communal (councilor)of Mubuga sector in Kibuye prefecture. On 6 May 1996, the Prosecutor of ICTR charged him with seven counts including genocide, conspiracy to commit genocide, murder, extermination and other inhumane acts as crimes against humanity, as well as war crimes.
On 7 December 2004, the Prosecutor and the Accused reached an agreement, pursuant to which the latter pleaded guilty to count 16 of the indictment charging him with extermination by omission as a crime against humanity for the massacres against Tutsi civilians at Mubuga church between 14 and 17 April 1994. The Trial Chamber acquitted the Accused on the other charged for lack of evidence.
The Chamber sentenced Rutaganira to 6 years of imprisonment. It took into consideration several mitigating factors including his voluntary surrender to the Tribunal in March 2002, his guilty plea, his good behaviour while in detention, his advanced age of 60 and his ill health. The Chamber further took into account the Accused’s expression of remorse, the assistance he had provided to some victims in Mubuga sector, as well as the lack of previous criminal record.
Bancoult v. McNamara: Olivier Bancoult et al. v. Robert S. McNamara et al.
Appeal from the United States District Court for the District of Columbia, 21 Apr 2006, United States Court of Appeal, District of Columbia, Unites States of America, United States
The Chagos Archipelagos are a collection of small islands in the middle of the Indian Ocean. Under British administration since 1814, they were home to approximately 1000 inhabitants by the 1960s who lived on and cultivated the land, educated their children and raised their families.
In 1964, the British and the United States governments entered into secret negotiations the outcome of which was the establishment of a military base on Diego Garcia, the Chagos Archipelagos largest islands. In order to do so, from 1965 until 1971, the population of Chagos was forcibly relocated: those who had left on trips abroad were denied re-entry, an embargo was put in place preventing the delivery of crucial food supplies and the remaining population was forcibly loaded onto ships and relocated to Mauritius and the Seychelles.
The present civil suit is brought by the indigenous peoples of Chagos, their survivors and their descendants against the United States and a number of high-ranking individuals within the US Government whom the plaintiffs consider responsible for their forcible relocation. By a decision of 21 December 2004, the District Court for the District of Columbia held that the case was not justiciable as it required the judiciary to review political questions. On appeal, the Court of Appeals for the District of Columbia Circuit affirmed the decision of the lower court.
Mpambara: Public Prosecutor v. Joseph Mpambara
Judgment, 17 Dec 2007, Court of Appeal of The Hague, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
In the present decision, the Court of Appeal of The Hague confirmed the decision of the District Court of The Hague that the Dutch courts have no jurisdiction over the crime of genocide allegedly commited by the Accused. This does not, however, bar prosecution of the Accused for war crimes and torture.
Silan et al. v. The Netherlands: Wisah Binti Silan et al. v. The State of The Netherlands (Ministry of Foreign Affairs)
Judgment (Court ruling), 14 Sep 2011, District Court of The Hague, The Netherlands
The District Court of The Hague ruled that the Dutch State acted unlawfully by executing a large amount of the male population in Rawagedeh without trial on 9 December 1947, during the Indonesian War for Independence. It required the Dutch State to award compensations to plaintiffs 1 to 7, but not to plaintiff 8 and the Foundation.
This was a landmark ruling, as it marked the first time that the Dutch government has been held responsible by a court for a committed massacre. On 9 December 2011, the Dutch government publicly apologised to Indonesia for the massacre through Tjeerd de Zwaan, the Dutch ambassador in Indonesia. None of the soldiers involved in the massacre have ever been prosecuted. Both sides have given different estimations regarding the amount of people killed, with the Netherlands stating that 150 people were killed, whereas the victims’ association puts this number as high as 431.
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