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Sesay et al.: The Prosecutor v. Issa Hassan Sesay , Morris Kallon and Augustine Gbao
Judgement, 26 Oct 2009, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
The armed conflict in Sierra Leone, from 1991 until 2002, opposed members of the Revolutionary United Front and Armed Forces Revolutionary Council to Civil Defense Forces, loyal to the ousted President Kabbah. The hostilities were characterised by brutality as civilians and peacekeepers were targeted.
Sesay, Kallon and Gbao were all high-ranking members of the RUF, who were convicted by Trial Chamber I for multiple counts of war crimes and crimes against humanity. Sesay received a sentence of 52 years’ imprisonment, Kallon 40 years and Gbao 25 years. On appeal, the Appeals Chamber upheld the sentences despite complaints about their length and the incorrect approach of the Trial Chamber. In particular, the Appeals Chamber made some important findings as to the law applicable for defining a common plan in a joint criminal enterprise and the requirements for the crime of hostage taking.
Ngudjolo: The Prosecutor v. Mathieu Ngudjolo
Judgment Pursuant to Article 74 of the Statute, 18 Dec 2012, International Criminal Court (Trial Chamber II), The Netherlands
Mathieu Ngudjolo Chui was charged with crimes against humanity (crimes committed on a widespread basis and directed against civilians) and war crimes (prohibited acts committed during war) that occurred during the attack against the Bogoro village on 24 February 2003. In particular, the Accused was suspected of killing, training and using children to support his military activities, destroying houses, and attacking the inhabitants of the Bogoro village. These crimes were allegedly committed by the accused together with Germain Katanga and other persons.
Regarding of the use of children, the Trial Chamber stated that these were often present in military groups in Ituri. However, it was not proven that the accused himself trained or involved children under the age of fifteen in war activities.
In addition, it was not proven that the accused was a commander of Lendu group in February 2003. Therefore, he was released. Nevertheless, regardless of the acquittal of the accused, the Trial Chamber emphasised that the acquittal does not mean that crimes were not committed on 24 February 2003 and that the victims did not suffer damages.
The Prosecutor v Mathieu Ngudjolo case is the second judgment issued by the ICC, and its first acquittal.
Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Judgment, 20 Jun 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone
Following the coup by members of the Revolutionary United Forces in Sierra Leone, the democratically elected government of President Kabbah was replaced by a military junta headed by the Armed Forces Revolutionary Council (AFRC) in 1997.
The Accused, Brima, Kamara and Kanu, were leading members of the fighting forces of the AFRC throughout the armed conflict until the hostilities ended with the Lomé Peace Accord in July 1999. Trial Chamber II of the Special Court for Sierra Leone found all three Accused responsible for ordering, committing, planning the crimes perpetrated by AFRC forces against civilians, including murder, rape, enslavement, collective punishment, mutilation, burning of civilian property and use of child soldiers in the hostilities. The Accused were also liable as the superiors in charge of AFRC forces for failing to prevent the rapes committed by their subordinates.
Klein: The Prosecutor v. Colonel Georg Klein
Judgment, 11 Dec 2013,
Khalid Shaikh Mohammad et al.: United States v. Khalid Shaikh Mohammad et al.
decision not yet available, Military Commission, United States
Khalid Sheikh Mohammed, a Pakistani of Kuwait birth, is the self-confessed mastermind of the 9/11 attacks on the United States which claimed the lives of nearly 3000 people.
Captured in Pakistan in 2003, he has been in United States custody, most recently at Guantanamo Bay, ever since. Mohammed, along with four other 9/11 planners, were charged and tried before a United States Military Commission in 2008 until charges were dropped in 2010. Following a failed attempt to transfer the five co-defendants to new York to stand trial before a civilian federal court, they were indicted once again in February 2011. Their trial is currently underway before the Military Commission at Guantanamo Bay.
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