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Šljivančanin: The Prosecutor v. Veselin Šljivančanin

Review Judgement (Public), 8 Dec 2010, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands

Šljivančanin was in charge of a security force within the Yugoslav People’s Army that moved prisoners from the Vukovar hospital to Ovčara, where they were tortured and murdered. In the earlier phases of his trial, Šljivančanin was found guilty on counts of torture as a war crime and was sentenced to five years’ imprisonment. Later, the Appeals Chamber extended his conviction to the count of murder as war crime and sentenced him to 17 years’ imprisonment. The reason behind this decision was a conversation between Šljivančanin and his superior which proved the former's intentions to contribute to the murdering of the prisoners.

In 2010, however, a new witness contacted the Defence team of Šljivančanin, expressing his intentions to testify about the conversation in question. According to his testimony, the conversation did not evidence that Šljivančanin had the required intention. 

The Appeals Chamber accepted the testimony of the witness as constituting a new fact for the purposes of the trial and allowed the review motion.

After closely considering the testimony and the arguments brought by the Prosecution against the testimony, the Chamber concluded that the statements of the witness were credible. Accordingly, it ruled that the conviction on the count of murder had to be vacated and the sentence was reduced to 10 years of imprisonment.


Ngirabatware: The Prosecutor v. Augustin Ngirabatware

Judgement and Sentence, 20 Dec 2012, International Criminal Tribunal for Rwanda, Tanzania

In the final trial before the International Criminal Tribunal for Rwanda, the Accused was Augustin Ngirabatware, the Minister of Planning from 1990 until July 1994 in the Rwandan government and an influential figure by virtue of his education and wealthy background. Indicted on charges of genocide and crimes against humanity, the Trial Chamber found that Ngirabatware had actively espoused the killing of the Tutsi population in Rwanda by delivering speeches to large assembled crowds encouraging them to man roadblocks and kill Tutsis. He distributed weapons to the Interahamwe militia and encouraged them to perpetrate crimes against the Tutsi population. Ngirabatware was convicted of genocide, direct and public incitement to commit genocide and rape as a crime against humanity. He was sentenced to 35 years’ imprisonment on 20 December 2012.


Sumner v. UK: Sumner v. United Kingdom of Great Britain and Others

Judgment No. S462, 2 Nov 1999, Supreme Court of South Australia, Australia

In this case, the plaintiff held that building a bridge to Hindmarsh in South Australia would impede on the culture and way-of-life of the Ngarrindjeri in such a dramatic way that it would lead to the destruction of this group. However, at that point, genocide was not a crime under Australian national law. The plaintiff therefore invoked legislation from the UK, arguing that application of this legislation was possible because of the fact that the UK preceded the current Commonwealth of Australia in governing the Australian continent and its adjacent islands. The judge did not accept this argument and reiterated that even when international law prohibits genocide, someone can only be found guilty of genocide if national legislation explicitly prohibits genocide. The claim was denied. Sumner was unsuccessful in appealing to this judgment. The full chamber of South Australia’s Supreme Court reiterated that the interlocutory appeal to prevent the start of constructing the bridge should be denied, as there was no serious case to be tried. It did so, most importantly, because the ‘underpinning’ of the case, the allegation that building the bridge was in essence a genocidal act, was not substantiated with referral to domestic law.


Habré: Office of the Public Prosecutor v. Hissène Habré

Ordinance of Non-Competence, 23 Nov 2000, First Investigative Chamber, Court of First Instance of N’Djaména, Chad

Hissène Habré was the President of the Republic of Chad from 1982 until 1990. During that time, he established a brutal dictatorship which, through its political police, the Bureau of Documentation and Security (Direction de la Documentation et de la Sécurité (DDS)), caused the deaths of tens of thousands of individuals. Habré as well as members of the DDS, and its specialised branch the Special Rapid Action Brigade (Brigade Spéciale d'Intervention Rapide (BSIR)) were named in complaints filed by victims of the regime before the Court of First Instance in N’Djaména.

The Court held, however, that in light of an ordinance establishing a special criminal court of justice to try Habré and the other officials of the regime, it had no jurisdiction to proceed with the case or admit the complaints of the parties. This decision is the first in a long line of case-law spanning proceedings in Chad, Senegal, Belgium and The Netherlands attempting to bring Habré to justice.


Papon v. France

Judgment, 25 Jul 2002, European Court of Human Rights, France

Maurice Papon was a civil servant in Occupied France during World War II holding the position of Secretary-General of the Gironde prefecture.

The Assize Court of Gironde – a criminal trial court hearing cases of defendants accused with the most serious crimes – convicted Papon of crimes against humanity and sentenced him to 10 years’ imprisonment for having aided and abetted the unlawful arrest and detention of hundreds of Jewish persons from 1942 until 1944, who were eventually deported and exterminated at Auschwitz. Pursuant to French criminal law, Papon was under an obligation to surrender to the custody of the Court as a result. Having applied for an exemption to the obligation to surrender and having been denied, Papon left France for Switzerland. However, the Swiss authorities extradited Papon. Upon his arrival in France, the Court of Cassation held that Papon had forfeited his right to appeal his conviction on the grounds that he had failed to comply with the obligation to surrender.

Papon took his case to the European Court of Human Rights alleging that the provision in the French Code of Criminal Procedure, which provided the grounds upon which his right to appeal was forfeited, violated his right of access to a court under the European Convention on Human Rights. The Court agreed and ordered the French State to pay Papon damages.


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