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Bagosora et al.: The Prosecutor v. Théoneste Bagosora, Gratien Kabiligi, Aloys Ntabakuze, Anatole Nsengiyumva

Judgement and Sentence, 18 Dec 2008, International Criminal Tribunal for Rwanda (Trial Chamber I), Tanzania

The Accused in this case were Colonel Théoneste Bagosora, the directeur de cabinet of the Ministry of Defence, General Gratien Kabiligi, the head of the operations bureau of the army general staff, Major Aloys Ntabakuze, the commander of the elite Para Commando Battalion, and Colonel Anatole Nsengiyumva, the commander of the Gisenyi operational sector. They were charged with conspiracy to commit genocide, genocide, crimes against humanity, namely murder, exterminations, rape, persecution and other inhumane acts, and war crimes, namely violence to life and outrages upon personal dignity, for crimes committed in Rwanda in 1994. The victims of said crimes included a great number of Tutsis, the Prime Minister Uwilingiyimana and 10 Belgian peacekeepers. 

Bagosora was found guilty by the Chamber of genocide, crimes against humanity and war crimes. Kabiligi was acquitted of all counts, while  Ntabakuze and Nsengiyumva were convicted for genocide, crimes against humanity and war crimes. After taking into account the gravity of each of the crimes the Accused were convicted for, as well as aggravating and mitigating circumstances, the Chamber sentenced them to life imprisonment.

During the 408 trial days of this case, 242 witnesses were heard, 82 for the Prosecution and 160 for the Defence.


Brown et al. v. Rwanda: Vincent Brown aka Vincent Bajinja, Charles Munyaneza, Emmanuel Nteziryayo and Celestin Ugirashebuja v. The Government of Rwanda and The Secretary of State for the Home Department

Judgment (Appeal against extradition), 8 Apr 2009, High Court of Justice, Divisional Court, Great Britain (UK)

Vincent Brown aka Vincent Bajinya and three other men claimed asylum in the United Kingdom after the genocide in Rwanda in 1994. In 2006, Rwanda requested extradition of the four men for their alleged involvement in the genocide. On 28 December 2006, the four suspects were arrested in the United Kingdom.

The men appealed their extradition before the High Court. The judges determined that there is a real risk that the four men would not be granted a fair trial in Rwanda, and determined that the suspects could not be extradited to Rwanda. 


Al-Jedda: Hilal Abdul Razzaq Ali Al Jedda v. The Secretary of State for Defence

Judgment, 8 Jul 2010, The Court of Appeal (Civil Division), Great Britain (UK)

Hilal Abdul Razzaq Ali Al Jedda was born in Iraq but went to the UK in 1992 where he was granted British citizenship in June 2000. In October 2004, Al Jedda was arrested after travelling to Iraq because he was suspected of being a member of a terrorist organisation being responsible for attacks in Iraq. Al Jedda was detained in a military detention centre in Basra, Iraq, by British forces until 30 December 2007. Eventually, no charges were filed against Al Jedda. On 14 December 2007, shortly before his release, Al Jedda was deprived of his British citizenship.

Al Jedda’s claim for damages for his unlawful detention in the period between May 2006 and December 2007, was refused by the Court of Appeal on 8 June 2010 on the ground that his detention had not violated any laws under the Iraqi Constitution.


Japanese Piracy Trial

Judgment, 12 Apr 2013, Tokyo District Court, Japan

On 5 March 2011, four Somalian men armed with submachine guns attempted to board and hijack the Guanabara, a Japanese Mitsui O.S.K. Lines tanker in the Indian Ocean, off the coast of Oman. They were captured by the US Navy, and subsequently extradited to Tokyo, Japan, on request of the Japanese coastguard.

Two suspects, Mohamed Urgus Adeysey and Abdinur Hussein Ali, pleaded guilty. From the other two suspects, who were both juvenile at the time the crimes took place, one pleaded guilty and the other not guilty. The Tokyo District Court found all four guilty though, and sentenced them to prison terms ranging from five to eleven years.


The Public Prosecutor v. Guus Kouwenhoven

Ruling of the three judge panel at the Court of Appeal in ’s-Hertogenbosch, 21 Apr 2017, 's-Hertogenbosch Court of Appeal, The Netherlands

Guus Kouwenhoven, a Dutch national, carried out business operations in Liberia since the 1980s. He was the owner and president of two logging companies in operation during the second civil war in Liberia from 1999-2003. The civil war was fought between the Liberian armed forces led by President Charles Taylor on one side and rebel groups on the other. It was alleged that Taylor had financial interests in Kouwenhoven’s businesses and that these businesses were used to facilitate the commission of war crimes. 

Kouwenhoven was charged with a number of crimes related to war crimes committed in Liberia and faced a string of cases in Dutch courts between 2006-2018. In its decision of 21 April 2017, the Court of Appeal in ’s-Hertogenbosch convicted Kouwenhoven and sentenced him to 19 years’ imprisonment for illegally importing weapons and ammunition and complicity in war crimes committed by Charles Taylor’s regime. Kouwenhoven was not protected from prosecution by the Liberian Amnesty Scheme introduced by Charles Taylor’s government prior to Taylor’s resignation. The Court found that Kouwenhoven had deliberately provided the weapons used for the war crimes committed by the combined Liberian armed forces and therefore was an accomplice to these war crimes.


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