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Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu

Judgment, 20 Jun 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone

Following the coup by members of the Revolutionary United Forces in Sierra Leone, the democratically elected government of President Kabbah was replaced by a military junta headed by the Armed Forces Revolutionary Council (AFRC) in 1997.

The Accused, Brima, Kamara and Kanu, were leading members of the fighting forces of the AFRC throughout the armed conflict until the hostilities ended with the Lomé Peace Accord in July 1999. Trial Chamber II of the Special Court for Sierra Leone found all three Accused responsible for ordering, committing, planning the crimes perpetrated by AFRC forces against civilians, including murder, rape, enslavement, collective punishment, mutilation, burning of civilian property and use of child soldiers in the hostilities. The Accused were also liable as the superiors in charge of AFRC forces for failing to prevent the rapes committed by their subordinates. 


Al Anfal: Farhan Mutlak AI Jibouri, Sultan Hashim Ahmad AI Tae' e, Hussein Rashid Moharmned and Ali Hasan AI Majid v. the General Prosecutor

Opinion, 4 Sep 2007, Iraqi High Tribunal (Appeals Commission), Iraq

In 1988, the Iraqi government under the leadership of Saddam Hussein, launched a military campaign against the Kurdish population residing in northern Iraq. In eight operations from February until September of that year, both conventional and chemical weapons were deployed against the citizens of Kurdish villages resulting in the deaths and injury of hundreds of thousands. Others were executed in the following raids, their homes were looted and entire villages were burned to the ground. Others still were transported to prison camps where they were starved and detained in inhumane conditions. This campaign became known as the Al Anfal campaign and was the subject of the Iraqi High Tribunal’s second case  (the first one being the Al Dujail-trial). 

Seven defendants, including Saddam Hussein and his cousin, nicknamed Chemical Ali, were brought before the Court. Charges against Hussein were dropped when he was executed in the course of the trial as a result of his conviction in another proceeding. By a verdict of 24 June 2007, the Tribunal convicted five of the remaining six defendants, one of whom was acquitted for lack of evidence. Three, including Chemical Ali and two military commanders, received death sentences; the others received cumulative sentences that essentially amounted to life imprisonment. The present decision by the Appellate Chamber of the Tribunal confirmed the trial verdict and dismissed all appeals.


Bundalo et al.: Prosecutor's Office of Bosnia and Herzegovina v. Ratko Bundalo, Neđo Zeljaja and Đorđislav Aškraba

Second Instance Verdict, 28 Jan 2011, Court of Bosnia and Herzegovina, Section I for War Crimes, the Appellate Division Panel, Bosnia and Herzegovina

Ratko Bundalo, Neđo Zeljaja and Đorđislav Aškraba were Serbian officials accused by the Prosecutor’s Office of Bosnia and Herzegovina of involvement in crimes against humanity during the Yugoslav wars in the 1990’s. On 21 December 2009, Bundalo and Zeljaja were found guilty in first instance and sentenced to 19 and 15 years’ imprisonment respectively. Aškraba was acquitted of all charges. Bundalo and Zeljaja appealed against their conviction, while the prosecutor appealed against Aškraba’s acquittal as well as against the height of the sentences of the other two.

The second instance verdict, which revised the first instance verdict, was delivered on 28 January 2011. The second instance verdict found the accused guilty of the crime against humanity of persecution. Bundalo was sentenced to a 22-year prison sentence and Zeljaja to 15 years. The accused were acquitted of certain charges under the indictment because the acts charged against them were not codified as a criminal offence under the law, and/or because it was not proven that the accused committed the acts as charged. Against the accused Aškraba, a partial retrial was ordered. 


Ngirabatware: The Prosecutor v. Augustin Ngirabatware

Judgement and Sentence, 20 Dec 2012, International Criminal Tribunal for Rwanda, Tanzania

In the final trial before the International Criminal Tribunal for Rwanda, the Accused was Augustin Ngirabatware, the Minister of Planning from 1990 until July 1994 in the Rwandan government and an influential figure by virtue of his education and wealthy background. Indicted on charges of genocide and crimes against humanity, the Trial Chamber found that Ngirabatware had actively espoused the killing of the Tutsi population in Rwanda by delivering speeches to large assembled crowds encouraging them to man roadblocks and kill Tutsis. He distributed weapons to the Interahamwe militia and encouraged them to perpetrate crimes against the Tutsi population. Ngirabatware was convicted of genocide, direct and public incitement to commit genocide and rape as a crime against humanity. He was sentenced to 35 years’ imprisonment on 20 December 2012.


Ludji & Gusmao: Deputy General Prosecutor for Serious Crimes v. Beny Ludji and Jose Gusmao

Juglamento, 19 May 2004, District Court of Dili, Special Panel for Serious Crimes, East Timor


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