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Ramić: The Prosecutor v. Niset Ramić
Verdict, 17 Jul 2007, Court of Bosnia and Herzegovina, War Crimes Chamber (Section I), Bosnia and Herzegovina, Bosnia and Herzegovina
In the morning of 20 June 1992, a group of armed soldiers entered the settlement of Hlapčevići and surrounded the homes of Serb inhabitants. Ramić ordered these armed soldiers to take persons out of their houses, tie their hands with a cord and search their houses. After that, Ramić ordered them to move to the Youth Center of the municipality. At a certain point, the men were stopped and lined up against the wall of a house. One of them was asked for information regarding hidden weapons and minefields. When the questions remained unanswered, the accused shot at him and at the other civilians. He also shot a second time when they were lying on the ground. Three men died instantly, and one succumbed to his injuries on the way to the hospital. Two were seriously injured.
On 17 July 2007 by first instance verdict, Niset Ramić was found guilty of war crimes against civilians and sentenced to 30 years compound long-term imprisonment sentence.
Brima et al.: The Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu
Sentencing Judgment , 19 Jul 2007, Special Court for Sierra Leone (Trial Chamber II), Sierra Leone
The Armed Forces Revolutionary Council (AFRC) represented the rebel opposition group to the government of President Kabbah who was overthrown following a coup by the AFRC and Revolutionary United Front, the RUF, which formed a military junta to rule the people of Sierra Leone.
Brima, Kamara and Kanu were members of the AFRC, convicted by Trial Chamber II for commission of war crimes, crimes against humanity and other serious violations of international humanitarian law. Their crimes were characterised by a particular brutality: children were abducted from their homes, drugged and recruited as child soldiers; young women were raped and sexually assaulted; civilians had limbs amputated; others still were beaten and beheaded. The Trial Chamber imposed a sentence of 50 years each on Brima and Kanu, and 45 years for Kamara. In reaching this determination, the Chamber took into account the large number of victims, their particular vulnerability, the brutality of the crimes, the positions of authority occupied by the Accused. It found there to be no mitigating circumstances in favour of any of the Accused.
Mpambara: Public Prosecutor v. Joseph Mpambara
Interlocutory Decision, 24 Jul 2007, District Court of The Hague, The Netherlands
In 1994, an armed conflict between the Rwandese government forces and the Rwandese Patriotic Front and the genocide perpetrated against the Tutsis claimed the lives of hundreds of thousands of citizens in Rwanda and the elimination of approximately 75% of the Tutsi population.
Joseph Mpambara was a member of the interahamwe militia who fled Rwanda for Kenya and finally the Netherlands after 1994. He is charged with having murder, rape, kidnapping, hostage taking and torture against several Tutsi individuals including young children who were hacked with machetes after being forced out of an ambulance with their mother. Since the Accused is a non-Dutch national and the crimes with which he is charged did not occur on Dutch territory and did not implicate Dutch nationals in any way, the question of jurisdiction arose.
By a decision of 24 July 2007, the District Court of The Hague determined that it did not have jurisdiction to try the Accused for crimes of genocide as it lacked a statutory basis to do so. Further, it could not exercise indirect jurisdiction as one of the three criteria set out in the Dutch Penal Code was not met.
Fofana & Kondewa: The Prosecutor v. Moinina Fofana and Allieu Kondewa
Judgement, 2 Aug 2007, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone
Fofana and Kondewa were leaders in the Civil Defense Forces (CDF), an armed group that was participating in the conflict in Sierra Leone in order to restore the democratically elected government of President Kabbah who had been ousted by a coup of the Revolutionary United Forces (RUF) and Armed Forces Revolutionary Council (AFRC). The Accused were charged with eight counts of war crimes and crimes against humanity, committed throughout the Southern and Eastern provinces of Sierra Leone including murder, cruel treatment (mutilation, hacking of limbs), terrorising the civilian population, burning and looting civilian property, using child soldiers in the hostilities and collective punishments.
Trial Chamber I found that the Accused were not guilty of crimes against humanity as it could not be proven that the attacks were directed primarily against the civilian population. The Accused were found guilty of aiding and abetting CDF forces in their commission of the war crimes of murder, cruel treatment, pillage and collective punishments; Kondewa was additionally guilty of enlisting child soldiers. The Trial Chamber did not consider that they were guilty either for participating in a common plan to defeat the RUF/AFRC forces or as superiors responsible for the acts committed by their CDF subordinates.
Fofana & Kondewa: The Prosecutor v. Momina Fofana and Allieu Kondewa
Judgement on the Sentencing of Moinina Fofana and Allieu Kondewa, 9 Oct 2007, Special Court for Sierra Leone (Trial Chamber I), Sierra Leone
The Accused were members of the Civil Defense Forces of Sierra Leone, fighting the RUF (Revolutionary United Front) and AFRC (Armed Forces Revolutionary Council) rebels in an effort to restore the democratically elected President Kabbah who had been ousted following a coup. Their activities, however, did not always target enemy forces; large numbers of civilians, including young children and women were made the object of brutal attacks, often by machetes.
Fofana and Kondewa were convicted by Trial Chamber I for 4 counts of war crimes of murder, cruel treatment, pillage and collective punishment. Kondewa was additionally convicted for recruitment of child soldiers. The Trial Chamber, in determining sentencing, took into account the gravity of the offences and the role of the Accused. In particular, the Trial Chamber considered it a mitigating circumstance that the Accused had engaged in the conflict out of a sense of duty in order to protect civilians, and had pursued a legitimate and justifiable purpose of returning former President Kabbah to power. Consequently, Fofana was sentenced to 6 years in prison and Kondewa to 8 years.
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