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Nzabonimana: The Prosecutor v. Callixte Nzabonimana

Judgement and Sentence, 31 May 2012, International Criminal Tribunal for Rwanda, Tanzania

Following the death of Rwandan President Habyariamana in April 1994, an interim government was established in Rwanda within which Callixte Nzabonimana held the position of Minister of Youth and Associative Movements.

The Trial Chamber found that Nzabonimana was a figure of authority in Gitarama as a result of this position and his role in the political party, MNRD. Evidence presented led the Trial Chamber to conclude that the Accused had used this position of authority to direct the Hutu civilian population and commune policemen to attack the Tutsi’s. He did so by making a number of speeches, and further, by threatening local officials with death or replacement in the event that they opposed the killing of Tutsis.  His orders were carried out by Hutu civilians and by commune policemen who proceeded to attack and kill Tutsi civilians. Accordingly, the International Criminal Tribunal for Rwanda convicted the Accused of genocide, conspiracy to commit genocide, direct and public incitement to commit genocide and extermination as a crime against humanity. He was sentenced to life imprisonment.


Sumner v. UK: Sumner v. United Kingdom of Great Britain and Others

Judgment No. [2000] SASC 91, 13 Apr 2000, Supreme Court of South Australia, Australia

We often associate genocide with the act of killing members of a specific group, of which there have been many devastating examples throughout history. However, according to the Genocide Convention, other acts can also be regarded as genocide, if they are committed with the intent to destroy, in whole or in part, specific groups. In this case, the plaintiff had already sought (and failed to find) two interlocutory injunctions to prevent a bridge from being built to Hindmarsh in South Australia. It was held that this construction would impede on the culture and way-of-life of the Ngarrindjeri in such a dramatic way that it would lead to the destruction of this group. The judge did not agree that the construction would amount to genocide and reiterated earlier judgments that genocide was not a criminal act under Australian law. Treaties are not a direct source of law in Australia, and neither is customary international law.

In 2002, with the International Criminal Court Act 2002, genocide became a crime under Australian law.


Muvunyi: The Prosecutor v. Tharcisse Muvunyi

Judgement and Sentence, 12 Sep 2006, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Lieutenant Colonel Tharcisse Muvunyi was the former Commander of the Rwandan military school, École des sous-officiers (ESO). On 12 September 2006, Trial Chamber II of the ICTR found him guilty of genocide and crimes against humanity (other inhumane acts). The Chamber acquitted him of rape as a crime against humanity and of the alternative charge of complicity in genocide.

The Chamber took into account the gravity of the offences, the aggravating and mitigating factors and sentenced Muvunyi to 25 years of imprisonment.  Aggravating factors considered by the Chamber were the ethnic separation and subsequent killing of orphan children at the Groupe Scolaire by soldiers under the Muvunyi's command in collaboration with civilian militia. In addition, the fact that Muvunyi had chastised the bourgmestre (mayor) of the Nyakizu community for hiding a Tutsi man, who was later killed by an armed Hutu mob under Muvunyi’s instructions, was also considered an aggravating factor.

Mitigating factors taken into account were the good character of Muvunyi prior to 1994, his family status, the fact that he had spent most of his life working for the defence of his country and that he was regarded as a highly respected and devout person. 


Popović et al.: The Prosecutor v. Popović et al

Judgment (Public Redacted), 10 Jun 2010, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands

The Bosnian Serb Forces conducted a campaign of attacks against the Bosnian Muslim population of Srebrenica and Žepa between March and September 1995. 

After the fall of Srebrenica in July 1995, the men were separated from the women, children and elderly, and transported to locations where they were detained and killed. 

The Trial Chamber found that these acts constituted genocide, crimes against humanity and war crimes. The Chamber found that there were two separate criminal plans, the first of which aimed to murder the Bosnian Muslim men, and the second to remove the civilians from Srebrenica and Žepa. 

For their acts and omissions, the seven accused were found guilty on several counts. The Chamber found all of the accused responsible on counts of crimes against humanity. Popović, Beara, Nikolić, and Borovčanin were found guilty for violations of the laws or customs of war, and with the exception of Borovčanin, they were also found guilty on charges of genocide. 

While Popović and Beara received a punishment of life imprisonment, the rest received sentences between 5 and 35 years of imprisonment.

 


Bizimungu et al.: The Prosecutor v. Casimir Bizimungu, Justin Mugenzi, Jérôme-Clément Bicamumpaka, Prosper Mugiraneza

Judgement and Sentence, 30 Sep 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania

Casimir Bizimungu was Minister of Health from April 1987 until January 1989. He returned to this position form April 1992 until he fled Rwanda in July 1994.

Justin Mugenzi founded the Parti Libéral (PL) on 14 July 1991. He became Minister of Commerce in July 1993. Mr. Mugenzi continued to hold this position in the Interim Government.

Jérôme-Clément Bicamumpaka joined the Mouvement Démocratique Républicain (MDR) party in 1991 and was sworn in to the Interim Government as the Minister of Foreign Affairs on 9 April 1994.

After working as a prosecutor and in various ministries in Kigali, Prosper Mugiraneza was appointed Minister of Public Service and Professional Training in 1992. When the Interim Government was formed, he became the Minister of Civil Service.

The Trial Chamber convicted both Mugenzi and Mugiraneza for conspiracy to commit genocide for their participation in the decision to remove Butare’s Tutsi Prefect, Jean-Baptiste Habyalimana. They were also convicted for direct and public incitement to commit genocide for their participation at the installation ceremony where President Théodore Sindikubwabo gave an inflammatory speech inciting the killing of Tutsis. The two Accused were sentenced to 30 years of imprisonment. Bizimungu and Bicamumpaka were acquitted.


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