skip navigation

Search results

Search terms: haagse stadspartij 'the hague city party' netherlands

> Refine results with advanced case search

711 results (ordered by relevance)

<< first < prev   page 8 of 143   next > last >>

Ntagerura et al.: The Prosecutor v. André Ntagerura, Emmanuel Bagambiki and Samuel Imanishimwe

Judgement, 7 Jul 2006, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

From March 1981 through July 1994 André Ntagerura served as a minister in the Rwandan Government. His last position was as Minister of Transport and Communications in the interim government. From 4 July 1992 to 17 July 1994, Emmanuel Bagambiki served as the prefect of Cyangugu. Samuel Imanishimwe, a lieutenant in the Rwandan Armed Forces, served as the acting commander of the Cyangugu military camp from October 1993 until he left Rwanda in July 1994.

On 7 July 2006, the Appeals Chamber of the ICTR reduced Samuel Imanishimwe’s sentence from 27 to 12 years imprisonment and recalled that it had confirmed the acquittals of André Ntagerura, former Minister of Transport and Communications, and Emmanuel Bagambiki, former Prefect of Cyangugu on 8 February 2006. Specifically, the Appeals Chamber granted Imanishimwe’s first ground of appeal, quashing his convictions for genocide, extermination as a crime against humanity and serious violations of Article 3 Common of the Geneva Conventions and of Additional Protocol II for the events which took place at the Gashirabwoba football stadium. The Appeals Chamber however, affirmed the convictions entered against Imanishimwe for murder, imprisonment and torture as crimes against humanity and for murder, torture and cruel treatment as serious violations of the Geneva Conventions and of Additional Protocol II.


Al-Aulaqi v. Obama et al.: Nasser Al-Aulaqi, on his own behalf and as next friend of Anwar Al-Aulaqi, Plaintiff, v. Barack H. Obama, in his official capacity as President of the United States; Robert M. Gates, in his official capacity as Secretary of Defense; and Leon E. Panetta, in his official capacity as Director of the Central Intelligence Agency, Defendants.

Memorandum Opinion, 7 Dec 2010, United States District Court for the District of Columbia, United States

The Al-Aulaqi case is significant as it marks in all probability the first time that an American citizen has been killed by U.S. forces outside the borders of the U.S., without any trial, indictment or due process. The case revolves around Anwar Al-Aulaqi, an American-born cleric with dual U.S.-Yemeni citizenship who was a member of al Qaeda in the Arabian Peninsula (AQAP) and had gone into hiding in Yemen, from where he regularly published videos propagating the jihad. The U.S. Treasury Department had allegedly designated him for targeted killing. Therefore, his father, Nasser Al-Aulaqi, filed a complaint claiming that the President, the Secretary of Defense, and the Director of the CIA unlawfully authorised the targeted killing, and seeking an injunction prohibiting them from intentionally killing his son, except in case he did present a concrete, specific, and imminent threat to life or physical safety, and when there are no means other than lethal force that could reasonably be employed to neutralise the threat. The American Civil Liberties Union and the Center for Constitutional Rights intervened with a memorandum supporting Al-Aulaqi senior’s complaint.

The Columbia District Court found that plaintiff Al-Aulaqi, the father, had neither legal standing in court for his claims, nor that was the claim justiciable under the Alien Tort Statute. And if this was not enough, the Court also ruled that the political question doctrine barred it from adjudicating the case. On 7 December 2010, Nasser Al-Aulaqi’s complaint was dismissed on those grounds, while the defendants’ motion to dismiss was granted.

Anwar Al-Aulaqi was killed by a drone strike in Yemen on 30 September 2011.


Setako: Ephrem Setako v. the Prosecutor

Judgement, 28 Sep 2011, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania

On 25 February 2010, Trial Chamber I of the ICTR convicted Lieutenant Colonel Ephrem Setako for genocide, extermination as a crime against humanity and violence to life as a war crime for ordering the killings of between 30 to 40 ethnic Tutsi refugees at Mukamira military camp on 25 April 1994 and the death of nine or 10 Tutsis on 11 May 1994. The Chamber imposed on  Setako a sentence of 25 years of imprisonment.

Setako and the Prosecution both appealed the Trial judgment. Setako alleged errors of law and errors of fact of the judgment. The Prosecution submitted three grounds of appeal.

On 28 September 2011, the Appeals Chamber dismissed Setako’s appeal in its entirety, while it partially granted the Prosecution’s appeal but it did not increase Setako’s sentence. Specifically, the Appeals Chamber convicted Setako for murder as a war crime for the killings committed against Tutsis on 11 May 1994.


Maher H.: Prosecutor v. Maher H.

Judgment, 1 Dec 2014, District Court of The Hague, The Netherlands

Maher H.’s case is the first conviction in the Netherlands of a Dutch ‘foreign fighter’ returning from Syria. He was convicted on 1 December 2014 and sentenced to three years’ imprisonment by the District Court in The Hague. Although it was not exactly clear what Maher H. had done in Syria, the Court found enough evidence to determine, among other things, that he was guilty of preparing to commit terrorist crimes, including murder and manslaughter. The Court based its decision on the fact that he had actually been to Syria and participated in the armed conflict there as well as his support for the jihad. Factors such as Maher H.’s decision to join a jihadi armed group in Syria that aimed to destroy Syria’s political structure and establish an Islamic State were also considered relevant in showing his terrorist intent. The Court moreover convicted Maher H. of disseminating inciting videos, pictures and a document. However, he was acquitted of conspiring to commit a terrorist offence due to a lack of evidence. This decision was subsequently appealed by the defendant. 


Plavšić: The Prosecutor v. Biljana Plavšić

Sentencing Judgment , 27 Feb 2003, International Criminal Tribunal for the former Yugoslavia, The Netherlands

The case encompasses the persecution of Bosnian Muslims, Bosnian Croats and other non-Serbs in 37 municipalities of Bosnia and Herzegovina in 1992, and the role played by Biljana Plavšić therein, as a high level political figure. On 2 October 2002, Plavšić pleaded guilty to the crime against humanity of persecutions and the Trial Chamber found him guilty accordingly. 

In order to determine the appropriate sentence for Biljana Plavšić, the Trial Chamber balanced the gravity of the crimes as well as the aggravating and mitigating circumstances. 

With respect to the gravity of the crimes, the Trial Chamber attached weight to the massive scope and extent of the persecutions; the numbers killed, deported and forcibly expelled; the grossly inhumane treatment of detainees; and the scope of the wanton destruction of property and religious buildings. 

Although the Trial Chamber accepted Biljana Plavšić’s superior position as an aggravating factor, it also took into consideration the following mitigating circumstance: Biljana Plavšić’s guilty plea (together with remorse and reconciliation); her voluntary surrender and post-conflict conduct; as well as her age of 72 years.

Balancing all these factors, the Trial Chamber determined that the appropriate sentence for Biljana Plavšić is 11 years’ imprisonment.


<< first < prev   page 8 of 143   next > last >>