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The village of Kilwa in Katanga province in the Democratic Republic of the Congo was the site of combat in October 2004. Having come under the control of rebel forces from Zambia belonging to the Revolutionary Movement for the Liberation of Katanga (MRLK), the troops of the Congolese Army (FARDC) were ordered by President Kabila to regain control over the village. After three hours of heavy shelling on 15 October 2004, the FARDC forces succeeded.

During the take over, it is alleged that they committed acts of pillaging, wanton destruction as well as illegal detentions and summary executions. Some 70 villagers were killed. The present decision was rendered by the Katanga Military Court after proceedings widely described by international observers as unfair and biased by political interferences and procedural irregularities. In its verdict, the Court found the commander in charge of the attack, Adémar Ilunga, and three soldiers guilty for the illegal arrest, detention, and murder of two persons. These crimes, however, were not committed during the attack of Kilwa. All the other accused were acquitted, the Court having concluded the victims were members of a rebel group killed during the attack. The Australian company, Anvil Mining Congo, was also accused, FARDC soldiers having used company property, including a plane, to lead the attack and commit the alleged crimes. However, the Court concluded that the FARDC had requisitioned the vehicles and acquitted Anvil and three of its employees.

Fofana and Kondewa were leaders in the Civil Defense Forces (CDF), an armed group that was participating in the conflict in Sierra Leone in order to restore the democratically elected government of President Kabbah who had been ousted by a coup of the Revolutionary United Forces (RUF) and Armed Forces Revolutionary Council (AFRC). The Accused were charged with eight counts of war crimes and crimes against humanity, committed throughout the Southern and Eastern provinces of Sierra Leone including murder, cruel treatment (mutilation, hacking of limbs), terrorising the civilian population, burning and looting civilian property, using child soldiers in the hostilities and collective punishments.

Trial Chamber I found that the Accused were not guilty of crimes against humanity as it could not be proven that the attacks were directed primarily against the civilian population. The Accused were found guilty of aiding and abetting CDF forces in their commission of the war crimes of murder, cruel treatment, pillage and collective punishments; Kondewa was additionally guilty of enlisting child soldiers. The Trial Chamber did not consider that they were guilty either for participating in a common plan to defeat the RUF/AFRC forces or as superiors responsible for the acts committed by their CDF subordinates.

In the second instance verdict in the Zoran Janković case, the Appellate Division found the appeal to be unfounded and upheld the first instance verdict, acquitting the accused of the charges entered against him. This decision was based on the lack of valid evidence that the accused participated in the incident or that he held any position which would have enabled him to issue orders with respect to the incident.

The Accused, Aloys Simba, is a retired lieutenant colonel, a member of the “Comrades of the Fifth of July”, who participated in the coup d’ état that brought former President Habyarimana to power in 1973, and was a member of parliament from 1989 to 1993.

The Trial Chamber had found Simba guilty of genocide for his role in the killing of Tutsi civilians at Murambi Technical School and Kaduha Parish. Furthermore, he had been convicted of extermination as a crime against humanity based on the same facts. The Trial Chamber sentenced him to 25 years’ imprisonment, with credit being given for time already served.

Simba appealed his convictions and his sentence, while the Prosecution submitted two grounds of appeal. The Appeals Chamber dismissed the grounds of appeal raised by both Simba and the Prosecutor and affirmed the sentence of twenty-five years of imprisonment. 

François Karera was officially appointed the prefect of Kigali-Rural prefecture on or around 17 April 1994 and held that position until mid-July 1994. Previously he was a sub-prefect at Kigali-Rural prefecture. From 1975 to 1990, Karera had been mayor of Nyarugenge urban commune, an administrative unit which was later replaced by Kigali-Ville prefecture. During a certain period, he was also president of the MRND party in Nyarugenge commune.

In mid-April 1994, Hutu militiamen and soldiers arrived in Ntarama sector and attacked the Tutsi refugees who were gathered at Ntarama Church, killing several hundreds of Tutsis. Karera was present and encouraged the attackers. In April and May 1994, Tutsis had also been killed in Rushashi commune in Kigali-Rural prefecture and in Nyamirambo sector in Nyarugenge commune, mainly at roadblocks. Karera ordered or instigated these acts. He was found guilty of genocide and extermination and murder as crimes against humanity. The Trial Chamber sentenced Karera to life imprisonment.