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Sarei v. Rio Tinto: Alexis Holyweek Sarei et al. v. Rio Tinto PLC and Rio Tinto Limited

Order re: Prudential exhaustion, 31 Jul 2009, United States District Court Central District of California, United States

After the civil war in Papua New Guinea, which led to Bougainville obtaining a more autonomous position, several inhabitants of that island sued the mining company Rio Tinto, basically for its role in the war and the process leading up to it. The plaintiffs claimed that Rio Tinto’s mining activities had harmed their health and the environment, and that they had helped the Papua New Guinea government in, among other things, setting up a blockade with disastrous results for the population.

In this instance, the District Court had to rule whether referring the plaintiffs back to the Papua New Guinean legal system should be considered. The District Court held that this would be inappropriate with regard to the plaintiffs’ claims of war crimes, crimes against humanity and racial discrimination, as these claims are of ‘universal concern’. However, regarding other claims (of environmental harm, of cruel, inhuman and degrading punishment and of consistent pattern of gross violations of human rights) the Court held that it could be assessed whether the plaintiffs should first exhaust legal remedies in Papua New Guinea. Therefore, it gave the plaintiffs one month to decide whether they wished to pursue these claims.  


Perković: Prosecutor's Office of Bosnia and Herzegovina v. Stojan Perković

Verdict, 24 Dec 2009, Court of Bosnia and Herzegovina, Section I for War Crimes, Bosnia and Herzegovina

Stojan Perković was born on 3 October 1944 in the village of Lađevina located in the municipality of Rogatica. Between June and December 1992, Perković was Commander in the army of the so-called Serbian Republic of Bosnia and Herzegovina (VRS). In that position, he committed crimes, including murder, beatings, and rape, against non-Serb civilians in the villages of Surovi, Mesici and Varosiste in Bosnia and Herzegovina. Moreover, Perković did not punish the members of his unit for participating in the commission of those crimes. On 24 December 2009, Perković was found guilty for the crimes and sentenced to 12 years in prison.


Muvunyi: The Prosecutor v. Tharcisse Muvunyi

Judgement, 11 Feb 2010, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania

During the Rwandan genocide, Tharcisse Muvunyi was a Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers (ESO) in Butare prefecture. 

On 12 September 2006, Muvunyi was convicted by Trial Chamber II of this Tribunal for several acts of genocide, direct and public incitement to commit genocide, and other inhumane acts and sentenced to 25 years imprisonment.

On 29 August 2008, the Appeals Chamber set aside all convictions and the sentence, but ordered a retrial on one count of direct and public incitement to commit genocide.

This is the summary of the retrial. According to the indictment, Muvunyi had spoken at a meeting at the Gikore Centre in Nyaruhengeri commune, Butare prefecture, in early May 1994 and had incited the killing of Tutsis by using Kinyarwanda proverbs that had been understood by the local population as a call to exterminate the Tutsis, violating Article 2(3)(c) of the Statute.

The Trial Chamber found the Accused guilty of direct and public incitement to commit genocide and sentenced him to 15 years of imprisonment. 


Nchamihigo: Siméon Nchamihigo v. The Prosecutor

Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

In 1994, Simèon Nchamihigo was a Deputy Prosecutor in Cyangugu prefecture, Rwanda.

On 18 March 2010, the Appeals Chamber of the ICTR reversed the Accused’s convictions rendered by Trial Chamber III on 24 September 2008 for genocide and murder as a crime against humanity for aiding and abetting the killing of Joséphine Mukashema, Hélène and Marie. The Appeals Chamber also quashed his conviction for genocide for instigating the killings at Shangi parish and Hanika parish. It also reversed his convictions for genocide and extermination as a crime against humanity in relation to instigating the massacre at Mibilizi parish and hospital and the massacre at Nyakanyinya school.

The Appeals Chamber affirmed Nchamihigo’s convictions for genocide and extermination as a crime against humanity for instigating killings, including those of Karangwa, Dr. Nagafizi and Ndayisaba’s family on or about 7 April 1994 and for instigating the massacre in Gihundwe sector on 14 or 15 April 1994. It also affirmed his conviction for other inhumane acts as a crime against humanity for ordering the attack on Jean de Dieu Gakwandi and for genocide and murder as a crime against humanity for instigating the killing of Father Boneza.

The Appeals Chamber reduced Nchamihigo's sentence from life imprisonment to forty years' imprisonment.


Bikindi: Simon Bikindi v. The Prosecutor

Judgement, 18 Mar 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

During the Rwandan genocide, Simon Bikindi was a singer, composer and leader of a ballet troupe called the “Irindiro”.

On 2 December 2008, Trial Chamber III of the ICTR had found Bikindi guilty of direct and public incitement to commit genocide based on public exhortations to kill Tutsis, which he made on the Kivumu-Kayove road in Gisenyi prefecture in late June 1994. The Trial Chamber had sentenced him to 15 years of imprisonment.

Bikindi appealed his convictions, and the sentence was challenged by both the Accused and the Prosecution. The Appeals Chamber dismissed the appeals of both Bikindi and the Prosecution in their entirety and affirmed the sentence of 15 years of imprisonment.   


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