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Reinhold et al.: The Prosecutor v. Oscar Lorenzo Reinhold and others
Fundamentos de la sentencia, 18 Dec 2009, Federal Oral Tribunal of Neuquén, Argentina
Rukundo: Emmanuel Rukundo v. The Prosecutor
Judgement, 20 Oct 2010, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Emmanuel Rukundo was born on 1 December 1959 in Mukingi Community, Rwanda. In February 1993, by then an ordained priest, he was appointed a military chaplain in the Rwandan army, a position he occupied throughout the genocide in 1994.
On 27 February 2009, Trial Chamber II of the ICTR had found him guilty of genocide and murder and extermination as crimes against humanity in relation to the events at Saint Joseph’s College and for the killing of Tutsi refugees abducted from the Saint Léon Minor Seminary. On 20 October 2010, the Appeals Chamber affirmed these convictions, but only on the basis of his responsibility for aiding and abetting these crimes rather than committing them.
The Trial Chamber had also convicted Rukundo of genocide for causing serious mental harm to a Tutsi woman when he sexually assaulted her, and sentenced him to 25 years of imprisonment. The Appeals Chamber reversed this conviction for genocide for the sexual assault of the Tutsi woman and reduced Rukundo’s sentence to 23 years of imprisonment.
The Mladić Case: The Prosecutor v. Ratko Mladić
The Prosecutor v. Ratko Mladić Public with Confidential Annex Judgement Issued on 22 November 2017 , International Criminal Tribunal for the former Yugoslavia, The Netherlands
The Prosecutor v. Ratko Mladić case before the ICTY concerns the events which occurred from October 1991 to November 1995 in the former Republic of Yugoslavia. The conflicts in the former Republic of Yugoslavia have been estimated to be the cause of a death toll of approximately 100,000 people, leading to over 2,000,000 people being displaced. The present case was tried before the ICTY’s Trial Chamber I, and the victims of the crimes were the ethnic groups of Bosnian Muslims and Bosnian Croats residing in the targeted municipalities, U.N personnel, and residents of Sarajevo.
At the time when these events occurred, Mr. Mladić was a Commander of the Bosnian Serb Army (VRS) Main Staff in the territories of Bosnia and Herzegovina (BiH), including Srebrenica. In his leadership position, Mr. Mladić took control of municipalities in the so-called Serbian Republic of BiH, mainly in the Northwestern and Eastern regions of BiH. In these municipalities, the Bosnian Serb Forces participated in a campaign of persecution to drive the non-Serb populations from these territories, aiming to create an ethnically pure Bosnian Serb State by territorially dividing BiH.
Mr. Mladić was initially charged together with Mr. Karadžić; however, the judgement in the case of Mr. Mladić was delivered a year later than that of Mr. Karadžić. Mr. Mladić was indicted for 11 charges, 10 of which he was found guilty of, including several charges of crimes against humanity and violations of the laws or customs of war, and one charge of genocide. The Chamber sentenced Mr. Mladić to life imprisonment.
Kambanda: Jean Kambanda v. The Prosecutor
Judgement, 19 Oct 2000, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
The Accused in the present case was Jean Kambanda, the former Rwandan Prime Minister. On 4 September 1998, he had pleaded guilty to genocide and crimes against humanity (murder and extermination) and Trial Chamber I of the ICTR had sentenced him to life imprisonment. He appealed against that sentence and later requested that his guilty plea be quashed and that he stand trial.
Before the Appeals Chamber, Kambanda argued that he had not been assigned the lawyer of his choice and that even when he finally did receive legal representation the assignment of the lawyer was influenced by the Prosecution. He also accused his defense counsel, Mr. Oliver Michael Inglis, of inadequate representation. In addition, he claimed that the Registry had organized his detention in facilities where he was isolated from other detainees and that he felt oppressed by these arrangements. The Prosecution pointed out that, for a while, Kambanda had refused any legal representation until the Registry told him that in the interest of justice he had to be represented by counsel. He subsequently requested the Registry, in writing, to assign Mr. Inglis as his defence counsel.
The Appeals Chamber dismissed all the grounds advanced by the Accused and upheld his sentence.
Kamuhanda: Jean de Dieu Kamuhanda v. The Prosecutor
Judgement, 19 Sep 2005, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
From late May until mid-July 1994 Jean de Dieu Kamuhanda was Minister of Higher Education and Scientific Research in the Interim Government of Rwanda. He was also a member of the Mouvement Républican National pour le Développement et la Démocratie (MRND) in Kigali-Rural préfecture.
On 22 January 2004, Trial Chamber II of the ICTR found Kamuhanda guilty of genocide and extermination as a crime against humanity. The Trial Chamber sentenced him to imprisonment for the remainder of his life. The Accused had supervised the killings in Gikomero commune, Kigali-Rural prefecture. He had distributed firearms, grenades and machetes to the Interahamwe militia. He had also led the attacks at the parish church and adjoining school in Gikomero, where several thousand Tutsi civilians were killed.
Kamuhanda raised 15 grounds of appeal. The Appeals Chamber of the ICTR dismissed the Trial Chamber’s finding that Kamuhanda had instigated and had aided and abetted genocide and extermination. However, the Appeals Chamber found that the Trial Chamber had correctly held Kamuhanda responsible for ordering genocide and extermination and ruled that vacating the findings that Kamuhanda had instigated and had aided and abetted the crimes did not require the imposition of a lighter sentence.
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