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Trbic: Prosecutor’s Office of Bosnia and Herzegovina v. Milorad Trbic
Second Instance Verdict, 21 Oct 2010, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Appellate Panel, Bosnia and Herzegovina, Bosnia and Herzegovina
On 16 October 2009 Milorad Trbic was found guilty of genocide by way of joint criminal enterprise in relation to the events at Srebrenica by the Court of Bosnia Herzegovina. For criminal responsibility to arise via participation in a JCE there had to be a consistent and core group of actors with a common plan or purpose to commit a crime, with the accused to both intend and participate in the commission of that crime. The Court held that this was the case with Milorad Trbic. He was sentenced to 30 years in prison.
Trbic was acquitted of come charges, due to insufficient evidence.
The Defence, Prosecution and victims appealed the Trial Verdict. The Prosecutor appealed on the grounds that the facts were not established correct and complete, and wanted the Appellate Panel to revoke the Verdict in its acquitting part, as well as to order a retrial. As for the sentence, the Prosecutor wanted the Trial Verdict to be reversed and for Trbic to be sentenced to the maximum sentence of 45 years imprisonment. The Defence appealed the Trial Verdict on the grounds that essential provisions of criminal procedure and the Criminal Code had been violated and that the facts were wrongly established and wanted the Panel to change the sentence and to review the facts and evidence again, eliminating the criminal procedure violations and acquit Trbic of the charges. A number of victims also appealed the verdict, specifically against the part of the Verdict on the costs and property claims.
On 17 January 2011, the Appellate Panel gave the Appellate Verdict, judging all appeals unfounded, and upholding the Trial Verdict of 16 October 2009 in its entirety.
Bikindi: The Prosecutor v. Simon Bikindi
Judgement, 2 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
During the Rwanda genocide, Bikindi was a famous singer and composer, and the leader of a ballet troupe, the Irindiro.
The Prosecution charged Bikindi with six Counts: conspiracy to commit genocide, genocide or, alternatively, complicity in genocide, direct and public incitement to commit genocide, murder and persecution as crimes against humanity.
On 2 December 2008, Trial Chamber III of the ICTR found the Accused guilty of direct and public incitement to commit genocide for his calls to exterminate Tutsi at the end of June 1994 on the Kivumu-Kayone road and acquitted him on all other Counts. The Chamber further concluded that there were no mitigating factors, and that the fact that the Accused had used his influence to incite genocide was an aggravating factor. The Chamber sentenced Bikindi to 15 years of imprisonment.
T.: The Prosecution Service v. T.
Order of the Supreme Court of Denmark, 26 Apr 2012, Supreme Court of Denmark, Denmark
A Rwandan national who had lived in exile in Denmark under a false name was brought before a Danish court for committing genocide, namely heading a death squad and participating in the slaughter of 25,000 Tutsis in a Rwandan town in 1994.
The Danish Supreme Court was asked to decide whether the 1955 Genocide Act permitted Danish courts to prosecute persons accused of genocide, even where the genocide was not committed in Denmark and the Accused was not a Danish national. The Supreme Court reversed the decisions of two lower courts and found that the charge of genocide in Rwanda by a Rwandan national could be raised before Danish courts indeed. The wording of the 1955 Genocide Act made genocide a criminal offense in Denmark, even if it was committed outside Denmark; moreover, Danish law did not require the accused to be a Danish national. It suffices that genocide is a crime both under Danish and Rwandan law: therefore, T. could be prosecuted before a Danish court
Ntagerura et al.: The Prosecutor v. André Ntagerura, Emmanuel Bagambiki and Samuel Imanishimwe
Judgement, 25 Feb 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
The three Accused in this case were charged with genocide, crimes against humanity, and serious violations of Article 3 Common to the Geneva Conventions and Additional Protocol II in connection with the massacres and other crimes committed in Cyangugu Prefecture in 1994.
Trial Chamber III of the ICTR sentenced Samuel Imanishimwe, former military commander in the Rwanda armed forces to 27 years in prison after convicting him on six counts of genocide, crimes against humanity and serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II.
The Chamber found that Imanishimwe, as the commander of Karambo military camp, issued orders to soldiers authorizing the arrest, detention, mistreatment, and execution of civilians. He was also found criminally responsible for extermination and for failing to prevent or to punish his subordinate soldiers’ participation in the massacre at the Gashirabowba football field on 12 April 1994.
Imanishimwe was found guilty of genocide,; of murder, of extermination, of imprisonment, of torture as crimes against humanity, and of serious violations of Article 3 Common to the Geneva Conventions and of Additional Protocol II, count 13.
However, the Chamber acquitted both André Ntagerura, former Minister of Transport and Communications and Emmanuel Bagambiki, former Prefect of Cyangugu of similar charges.
Bizimungu et al.: The Prosecutor v. Casimir Bizimungu, Justin Mugenzi, Jérôme-Clément Bicamumpaka, Prosper Mugiraneza
Judgement and Sentence, 30 Sep 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Casimir Bizimungu was Minister of Health from April 1987 until January 1989. He returned to this position form April 1992 until he fled Rwanda in July 1994.
Justin Mugenzi founded the Parti Libéral (PL) on 14 July 1991. He became Minister of Commerce in July 1993. Mr. Mugenzi continued to hold this position in the Interim Government.
Jérôme-Clément Bicamumpaka joined the Mouvement Démocratique Républicain (MDR) party in 1991 and was sworn in to the Interim Government as the Minister of Foreign Affairs on 9 April 1994.
After working as a prosecutor and in various ministries in Kigali, Prosper Mugiraneza was appointed Minister of Public Service and Professional Training in 1992. When the Interim Government was formed, he became the Minister of Civil Service.
The Trial Chamber convicted both Mugenzi and Mugiraneza for conspiracy to commit genocide for their participation in the decision to remove Butare’s Tutsi Prefect, Jean-Baptiste Habyalimana. They were also convicted for direct and public incitement to commit genocide for their participation at the installation ceremony where President Théodore Sindikubwabo gave an inflammatory speech inciting the killing of Tutsis. The two Accused were sentenced to 30 years of imprisonment. Bizimungu and Bicamumpaka were acquitted.
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