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Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Judgment, 22 Feb 2008, Special Court for Sierra Leone (Appeals Chamber), Sierra Leone
In March 1997, members of the Sierra Leone Army overthrew the government of President Kabbah and installed a new government, the Armed Forces Revolutionary Council.
Brima, Kamara and Kanu were high-ranking members of the AFRC who were convicted by Trial Chamber II of the Special Court for Sierra Leone of war crimes and crimes against humanity. In particular, they ordered, committed, planned or were responsible as superiors for the murders, beatings, mutilations, rapes, forced marriages, abductions, looting, collective punishments and recruitment of child soldiers perpetrated by the AFRC forces. They were sentenced to 50 years’ imprisonment (Brima and Kanu) and 45 years’ imprisonment (Kamara). On appeal, the Appeals Chamber upheld the convictions and the sentencing, despite protests from the Accused that the terms of imprisonment were excessively harsh. The Chamber also made legal findings with respect to forced marriage, finding that it is a distinct crime against humanity from sexual slavery, a novelty in international criminal law.
Iyamuremye: Jean-Claude Iyamuremye
Decision on extradition request, 20 Dec 2013, District Court of The Hague, Extradition Chamber, The Netherlands
The Rwandan government suspects the Jean-Claude Iyamuremye, a Rwandan national residing in the Netherlands, of having taken part in the 1994 Rwandan genocide as Interahamwe militia leader. He is indicted for genocide, crimes against humanity and war crimes. On 25 September 2013, Rwandan authorities issued an extradition request with the Netherlands. The accused challenged the request, arguing that war crimes were not prohibited as such in Rwandan law in 1994, and that therefore he cannot be extradited. He also alleged that Rwanda would not provide him with a fair trial; if he were to be extradited, the Netherlands would violate their obligations forthcoming from the European Convention for Human Rights (ECHR).
The Court dismisses both arguments. Since genocide was prohibited by both Rwandan and Dutch law in 1994, the double criminality requirement has already been fulfilled. And concerning fair trial rights, the Court found that it was obliged to apply a marginal test, since the Netherlands and Rwanda are both parties to the Genocide Convention and, thus, have to trust each other on fulfilling their respective treaty obligations. It ruled that extradition would not lead to a flagrant denial of a fair trial; hence the Court ruled the extradition request admissible.
Simbikangwa: The Public Prosecutor v. Pascal Simbikangwa
(Trial is ongoing), Cour d'Assises de Paris, France
Demjanjuk: State of Israel v. Ivan (John) Demjanjuk
Verdict, 29 Jul 1993, Supreme Court of Israel, Israel
The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas. In the Treblinka camp in Poland, a Ukrainian guard nicknamed “Ivan the Terrible” was responsible for the operation of the motor to produce the gas and for various abuses perpetrated against the individuals in those camps including severe beatings with bayonets, pipes, whips and swords.
John Demjanjuk was a Ukrainian national who had retired in the United States from his career as a car-worker. He was extradited by the United States to stand trial in Israel when evidence came to light identifying him as Ivan the Terrible. He was convicted for crimes against humanity, war crimes, crimes against the Jewish people and crimes against persecuted persons and sentenced to death. On appeal, however, new evidence was introduced that cast a doubt on the identity of Ivan the Terrible. The Supreme Court of Israel found that there was reasonable doubt that Demjanjuk was not Ivan the Terrible and could not therefore be convicted of the crimes with which he was charged at Treblinka. However, the Supreme Court did state that the evidence did identify Demjanjuk as a member of the SS and a guard at other concentration camps but, since he was not charged with crimes committed in camps other than Treblinka, he had to be acquitted.
Demjanjuk: State of Israel v. Ivan (John) Demjanjuk
Decision on Petitions Concerning Ivan (John) Demjanjuk, 18 Aug 1993, Supreme Court of Israel, Israel
The Nazis' widespread extermination of the Jewish population during World War II resulted in the loss of millions of lives. It was carried out primarily in concentration camps where hundreds of thousands of individuals were lead to the “showers” - gas chambers where they would be suffocated through breathing in gas.
John Demjanjuk, a Ukrainian national and a retired auto-worker residing in the United States, was extradited to Israel to stand trial for war crimes and crimes against humanity allegedly committed by him during his time as a guard at the concentration camp Treblinka, Poland. He was convicted by the District Court of Jerusalem and then acquitted by the Supreme Court of Israel on the grounds of mistaken identity. The Court found that although the evidence established that Demjanjuk was a Wachtman – an individual trained at a Russian camp to assist the Germans - there was a reasonable doubt that he was Ivan the Terrible, the notorious guard at Treblinka responsible for a number of crimes.
The present decision is a petition by 10 civil parties for new trial proceedings to be brought against Demjanjuk on the basis of his involvement not with the Treblinka camp, but with the camp at Sobibor. The Supreme Court dismissed the petition finding that new proceedings might violate the rule on double jeopardy, which prohibits individuals being judged twice for the same conduct.
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