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From 1975 until 2002, Indonesia illegally occupied East Timor. Throughout this period, a number of pro-independence groups formed in order to fight for Timorese independence and combat the abuses perpetrated by members of the Indonesian armed forces and the pro-autonomy militia groups with whom they allied themselves.

One such pro-independence group was the Forcas Armadas de Libertacao Nacional de Timor Leste (FALINTIL). In September 1999, three members of the group, imcluding Carlos Soares, were travelling under orders to a village when they were joined by a fourth individual. Seemingly randomly and without reason, Soares stabbed the fourth member of the group through the back using his spear. The victim died. The Special Panels for Serious Crimes convicted Soares of premeditated murder contrary to the Indonesian Penal Code. His sentence was reduced to 4 year 6 months’ impirosnment, however, on account of his diminished mental capacity at the time of the act. The Court took into consideration his sense of grief, loneliness and sadness as a result of the deaths of 6 of his relatives one or two days prior to the murder. 

During Indonesia’s occupation of East Timor from 1975 until East Timorese independence in 2002, the Indonesian Armed Forces along with a number of militia groups promoted Indonesian autonomy through violent means.

The Accused was forced to join the Laksaur militia group in 1999 and, in the course of his membership, perpetrated a number of crimes against supporters of East Timorese independence. The Special Panels for Serious Crimes convicted and sentenced the Accused to 9 years’ imprisonment for the stabbing to death by machete of three victims, the beating of numerous villagers, and the enforced disappearance of another victim who was wounded, taken out to a forest and left there. At sentencing, the Court took into consideration the frailty and sickness of the Accused who was by now 55 years old, his expression of regret at the crimes, and his having pleaded guilty. It also took into consideration the brutality of the crimes and the Accused’s apparent lack of humanity when committing them.

Ranko Češić was brought before the ICTY for his role in the commission of crimes in collection centers in the municipality of Brčko (Bosnia and Herzegovina) in May 1992. On 8 October 2003, Češić pleaded guilty to charges of war crimes and crimes against humanity, and subsequently, the Trial Chamber entered a finding of guilt.

In order to assess the appropriate sentence for Češić, Trial Chamber I balanced the gravity of the offences, the aggravating and mitigating circumstances.

With respect to the gravity of the crimes, Trial Chamber I considered that the high number of murders and the violation of the moral and physical integrity of the rape victims were factors that underlined the seriousness of the committed crimes.

Trial Chamber I also found that the vulnerability of the victims, the cruelty and depravity shown during the commission of the crimes and the exacerbated humiliation of the victims were all aggravating factors. Conversely, three mitigating circumstances were accorded relevance, namely, Češić's guilty plea, cooperation with the Prosecution, and his remorse.

Češić was sentenced to 18 years of imprisonment.

Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.

The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment. 

Tihomir Blaškić was brought before the ICTY for his role as Commander of the armed forces of the Croatian Defence Council during the events that took place in the area of Lašva Valley (Bosnia and Herzegovina) between May 1992 and January 1994. The Trial Chamber found him responsible for war crimes and crimes against humanity and sentenced him to 45 years of imprisonment. 

The Appeals Chamber found numerous errors in the trial judgment. 

Firstly, it held that the mental requirement for the mode of responsibility of ordering a crime under the Statute of the Tribunal was erroneously determined. Convicting Blaškić on the basis of the same facts under two separate modes of responsibility was also found to be an error. Secondly, the Appeals Chamber found that the Trial Chamber made errors in its assessment of the contextual requirements of crimes against humanity. And thirdly, the Appeals Chamber acquitted Blaškić of several charges committed in various locations in central Bosnia since it found that the prerequisite elements of these crimes have not been fulfilled.

The Appeals Chamber concluded by reducing Blaškić' sentence to 9 years prison.