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Duch: The Prosecutor v. Kaing Guek Eav alias Duch
Judgement, 26 Jul 2010, Extraordinary Chambers in the Courts of Cambodia, Cambodia
After the fall of the Cambodian government in 1975, the Communist Party, under the leadership of Pol Pot, came to power and renamed the state the Democratic Kampuchea. An armed conflict broke out with Vietnam, which lasted until 1979. From 1975 until 1979, Pol Pot and the Communist Party of Kampuchea sought to establish a revolutionary state and introduced a policy of ‘smashing’ their enemies, a form of physical and psychological destruction that consisted of arbitrary detention, torture and execution. This policy was implemented at a number of interrogation centres, one of which was S21. Duch, a former mathematics teacher, was the Chairman of S21 responsible for extracting confessions and information, and teaching interrogation techniques.
In the first ever judgment of the Extraordinary Chambers in the Courts of Cambodia, the Trial Chamber convicted Duch of multiple counts of war crimes and crimes against humanity. He was sentenced to 35 years’ imprisonment, minus five years as a result of his unlawful detention by the Cambodian Military Court for eight years prior to his transfer to the ECCC. This was also the first case before an international tribunal to allow victims of the crimes to participate in proceedings as civil parties and claim reparations for the harm they have suffered.
Ntawukulilyayo: The Prosecutor v. Dominique Ntawukulilyayo
Judgement and Sentence, 3 Aug 2010, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Dominique Ntawukulilyayo was the sub-prefect of Gisaraga sub-prefecture in Butare prefecture in 1994. On 20 April 1994, hundreds of thousands of Tutsis and their families escaped attacks and sought refuge at Gisaraga market in Ndora commune. Some of these people were prevented from leaving the market that evening and the following morning by law enforcement personnel and were forced to return to Gisaraga market. From 21 April through 23 April many of the Tutsi refugees left Gisaraga market for Kabuye hill. There, an extensive assault on the refugees was carried out by armed civilians, police and military personnel resulting in the death or serious injury of hundreds, and possibly thousands of men, women, children and the elderly.
On 23 April 1994 the Accused had promised the Tutsi refugees that they would be protected at Kabuye hill, prompting them to go there. Yet, later that day, he transported soldiers to Kabuye hill to participate in the attack against them. For these reasons, Ntawukulilyayo was found guilty of genocide (Count I) and not guilty of complicity (Count II) and incitement (Count III) charges. He was sentenced to 25 years of imprisonment.
Ahmed v. Magan: Abukar H. Ahmed v. Abdi Aden Magan
Stipulated Revised Pretrial Order, 10 Jan 2011, United States District Court for the Southern District of Ohio, Eastern Division, United States
Colonel Abdi Aden Magan, the defendant, was a member of the Marehan sub-clan of the Darod clan and held high positions (as Colonel and Chief) at the National Security Service (NSS) of Somalia. The plaintiff, Abukar Hassan Ahmed, was a human rights attorney and law professor at the Somali National University. He was detained at the NSS for approximately three months. During his detention, he suffered severe physical and psychological injuries. Ahmed claimed that, as a Chief of NSS Investigations, Colonel Magan was responsible for ordering and participating in his interrogation and torture.
Đorđević: The Prosecutor v. Vlastimir Đorđević
Public Judgment with Confidential Annex, 23 Feb 2011, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
In the period between January and June 1999, the Serb forces conducted a campaign of attacks against the Albanian population of Kosovo, with the aim to remove them from the region. The bodies of the Kosovo Albanians were concealed in centers near Belgrade and later buried in secret mass graves. Ðorđević, who was the head of the police forces, was charged with war crimes and crimes against humanity.
The Chamber came to the conclusion that Ðorđević participated in a common plan to eliminate the Albanian population of Kosovo, and that his role was indispensable for the fulfillment of the operation.
The Chamber found him guilty of aiding and abetting the charged crimes due to his direct involvement in the concealing of bodies murdered by the Serb forces. He also failed to conduct an investigation of these crimes, which was sufficient for his conviction. Ðorđević was sentenced to 27 years of imprisonment.
Ndindiliyimana et al.: The Prosecutor v. Augustin Ndindiliyimana, Augustin Bizimungu, Francois-Xavier Nzuwonemeye and Innocent Sagahutu
Judgement and Sentence, 17 May 2011, International Criminal Tribunal for Rwanda, Tanzania
The death of Rwandan President Habyariamana in April 1994 reignited ethnic tensions in Rwanda between the Hutu and the Tutsi. Members of the pre-dominantly Hutu Rwandan Armed Forces, including the Rwandan Army (FAR), the Gendarmerie Nationale and the elite reconnaissance unit, the RECCE Battalion, along with Interahamwe militia members perpetrated a series of attacks against largely unarmed Tutsi civilians.
The incidents concerned by the present case are numerous and include the killings of Tutsi at Kansi Parish, St André College, Nyanza Hill, Musambara commune office and many more. Women and girls were also raped. The Prime Minister and the Belgian personnel guarding her were also assassinated by members of the RECCE Battalion. The present case brings together four key military leaders, responsible for the conduct of the soldiers and gendarmes who perpetrated the afore-mentioned attacks: Ndindiliyimana was Chief of the Gendarmerie Nationale, Bizimungu was head of the FAR, Nzuwonemeye was Commander of the RECCE Battalion and Sagahutu was commander of one of the combat squadrons of the same RECCE Battalion. In light of their authority over their respective forces, Trial Chamber II of the International Criminal Tribunal for Rwanda found Ndindiliyimana guily of genocide, crimes against humanity and murder as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II; Bizimungu guilty of genocide, crimes against humanity, murder and rape as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II; and Nzuwonemeye and Sagahutu guilty of crimes against humanity and murder as a Violation of Article 3 common to the Geneva Conventions and of Additional Protocol II.
Bizimungu received a 30-year sentence, Nzuwonemeye and Sagahutu each received 20 year sentences. Controversially, Ndindiliyimana received a sentence for time served, meaning that his 11 years in detention prior to and during the trial sufficed and he was released following the judgment. On Appeal, Ndindiliyimana and Nzuwonemeye were aquitted, Sagahutu had his conviction for war crimes and crimes against humanity affirmed, but the sentence lowered from 20 to 15 years and Bizimungu's sentence was upheld to 30 years inprisonment.
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