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Muvunyi: Tharcisse Muvunyi v. The Prosecutor
Judgement, 1 Apr 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
In 1994, Tharcisse Muvunyi held the rank of Lieutenant Colonel in the Rwandan army and was stationed at the École des Sous-Officiers in Butare Prefecture.
On 11 February 2010, the Trial Chamber of the ICTR convicted Muvunyi of direct and public incitement to genocide based on his statements made at a public meeting at the Gikore Trade Centre in Butare prefecture in early May 1994. He was sentenced to 15 years of imprisonment.
Muvunyi appealed his conviction and sentence and requested the Appeals Chamber to overturn his conviction. The Prosecution also appealed the judgment and requested the Appeals Chamber to increase the sentence to 25 years of imprisonment.
The Appeals Chamber of the ICTR dismissed both appeals and upheld the Accused’s sentence to 15 years of imprisonment.
On 6 March 2012, the President of the ICTR, Judge Vagn Joensen, granted Muvunyi's application for early release since more than three quarters of his sentence had been served.
Mungwarere : Sa Majesté la Reine v. Jacques Mungwarere
Inscription - requête pour casser l'acte d'accusation, 9 May 2011, Cour Supérieure de Justice de l'Ontario / Superior Court of Justice of Ontario, Canada
American Civil Liberties Union v. Department of Justice: American Civil Liberties Union et al. v. Department of Justice et al.
Memorandum Opinion, 9 Sep 2011, United States District Court for the District of Columbia, United States
Unmanned aerial vehicles, more commonly known as drones, are remote-controlled, unmanned planes that can be operated from anywhere in the world by pilots located thousands of miles away from the drone. Specific individuals can be targeted and fired upon from thousands of miles away.
Amidst reports that the United States Armed Forces and the Central Intelligence Agency (CIA) are using drone strikes to target suspected terrorists in Afghanistan, Pakistan and Yemen, the non-profit organisation, the American Civil Liberties Union (ACLU) filed a request with the US Departments of State, Defense and Justice, as well as the CIA under the Freedom of Information Act seeking access to records about the US drone program as well as its legal basis under domestic and international law. Faced with a refusal from the CIA to even confirm or deny the existence of such records, the ACLU filed a lawsuit before the United States District Court for the District of Columbia. The Court held, however, that the CIA’s refusal to confirm or deny the existence of such records falls within the exemptions to disclosure outlined by the Freedom of Information Act because such records pertain to national security and are protected from disclosure by the Central Intelligence Agency Act of 1949 and the National Security Act of 1947.
The decision is presently on appeal before the United States Court of Appeals for the District of Columbia Circuit.
Munyakazi: The Prosecutor v. Yussuf Munyakazi
Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Yussuf Munyakazi was a landowner and farmer in Bugarama community, Rwanda. On 30 June 2010, the Trial Chamber of the ICTR delivered its judgment on Munyakazi’s case. It found that Munyakazi had been a leader in the incidents that had taken place at Shangi parish on 29 April 1994 and Mibilizi parish on 30 April 1994 and that he was responsible for the deaths of 5,000 Tutsi civilians. As a result, the Chamber convicted him for genocide and extermination as a crime against humanity and sentenced him to 25 years of imprisonment.
Both Munyakazi and the Prosecution appealed against the judgment. Munyakazi submitted eight grounds of appeal challenging his convictions and sentence and requested the Appeals Chamber to acquit him. The Prosecution presented three grounds against the Trial judgment. The Appeals Chamber dismissed all grounds of appeal, upheld Munyakazi’s convictions for genocide and extermination as a crime against humanity and affirmed the sentence of 25 years of imprisonment imposed upon him.
Karemera & Ngirumpatse: The Prosecutor v. Edouard Karemera & Matthieu Ngirumpatse
Judgement and Sentence, 2 Feb 2012, International Criminal Tribunal for Rwanda, Tanzania
The Arusha Accords brought an end to the civil war in Rwanda that had opposed the government to the Tutsi dominated Rwandan Patriotic Front. They introduced a transitional multi-party government with Habyarimana of the Mouvement Républicain National pour la Démocratie et le Développement (MRND) as its President. Following the death of the president on 6 April 1994, however, hostilities broke out once more.
The MRND, with the Accused Ngirumpatse as its President and his co-Accused Karemera as its Vice President proceeded to introduce and implement measures designed to target the Tutsi population. They actively supported the Interahamwe, a civilian militia that acted as the youth wing of the MRND, and which was resopnsible for the mass killing as well as the rape and sexual assault of countless Tutsi women. The Accused interfered with the territorial administration in Rwanda, warning local officials to support the Hutu policy and replacing any who opposed the killing of Tutsis. They travelled across governemnt controlled parts of Rwanda and espoused their anti-Tutsi policy with a view to inciting more killings.
By a judgment of 2 February 2012, Trial Chamber III of the International Criminal Tribunal for Rwanda found both Accused guilty of genocide, conspiracy to commit the same, direct and public incitement of the same, rape and extermination as crimes against humanity and the war crime of killing. They were both sentenced to life imprisonment. The judgment comes after 7 years of trial, the withdrawal of three judges, the death of one co-Accused and the controversial decision taking judicial notice that a genocide occurred in Rwanda in 1994, thereby alleviating the Prosecution of having to introduce evidence in order to prove the allegation beyond a reasoinable doubt.
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