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Ndahimana: The Prosecutor v. Grégoire Ndahimana
Judgement and Sentence, 30 Dec 2011, International Criminal Tribunal for Rwanda (Trial Chamber II), Tanzania
Grégoire Ndahimana was Mayor of Kivumu commune (community)in Rwanda in April 1994. Following the death of President Habyarimana, a common plan was realised in Kivumu commune. The purpose of this plan was to exterminate the Tutsis who lived there.
After the President’s death, one to two thousand Tutsi civilians sought refuge at Nyange parish. Only a very small number of these civilians survived the attacks on the parish that occurred on 15 and 16 April 1994.
The Prosecutor of the ICTR charged Ndahimana with genocide and extermination as a crime against humanity for his role in the massacres of Tutsis that took place in Kivumu commune over ten days from 6 April 1994 to 16 April 1994. He was found guilty of genocide and extermination by aiding and abetting as well as by virtue of his command responsibility over the communal police. Ndahimana was sentenced to 15 years of imprisonment.
Both the Prosecution and the Defence have lodged appeals against the judgment.
Jorgić: The Prosecutor v. Nikola Jorgić
Order, 12 Dec 2000, Federal Constitutional Court, 4th Chamber of the Second Senate, Germany
Nikola Jorgić was born in 1946 in the Doboj region in northern Bosnia and Herzegovina. He was leader of a Serb paramilitary group in the Doboj region that committed various crimes against the Muslim population residing there. Jorgić was allegedly responsible for the killing of 22 villagers in Grabska (involving elderly and disabled) and seven villagers in Sevarlije. In addition, he allegedly arrested Muslims, and subsequently detained and abused them in detention camps. Jorgić was found guilty of 14 counts of acting as accomplice to murder and attempted murder. Jorgić was sentenced to life imprisonment.
It was the first war crimes trial that took place in Germany since the final judgment issued by the Nuremberg tribunal that dealt with Nazi war criminals more than 50 years ago.
Habyarimana: Mme Agatha Habyarimana (born Kanziga)
Decision, 15 Feb 2007, Appeals Commission for Refugees (2nd Division), France
Agathe Habyarimana (maiden name: Agathe Kanziga) is the widow of former Rwandan President Juvénal Habyarimana, whose death on 6 April 1994 marked the beginning of the Rwandan genocide that was to result in the death of some 500,000 Tutsis and moderate Hutus within the lapse of a few months. Agathe Habyarimana is frequently regarded as one of the powers behind Juvénal habyarimana’s Presidencey and as part of the inner circle responsible for the planification and organisation of the Rwandan genocide. On 9 April 1994, she was airlifted to France.
In July 2004, she applied for refugee status but her application was denied by the French Office of Protection of Refugees and Stateless Persons (OFPRA). By the present decision, the Appeals Commission for Refugees confirmed the rejection and concluded that she had participated in the planning, organising and direction of the genocide in Rwanda since 1990.
Hereros v. Deutsche Afrika-Linien: Hereros v. Deutsche Afrika-Linien GMBLT & Co.
Opinion of the Court, 10 Apr 2007, United States Court of Appeals for the Third Circuit, United States
Members of the Herero (the Hereros), an African tribe from Namibia, brought a claim against German company Deutsche Afrika-Linien GmbH & Co. The Hereros claimed that this company used slave labor and ran its own concentration camp during Germany’s occupation of South Africa in the late 19th- and early 20th- century. The Hereros sued the German company for damages suffered during the occupation.
The case was dismissed by the District Court because the Hereros failed to state a claim in their complaint. On 10 April 2007, the dismissal was affirmed by the Court of Appeals.
Presbyterian Church Of Sudan v. Talisman Energy: The Presbyterian Church Of Sudan, et al. v. Talisman Energy, Inc. And Republic Of The Sudan
Judgment, 2 Oct 2009, Court of Appeals for the Second Circuit, Unites States of America, United States
In 2001 the Presbyterian Church of Sudan filed a lawsuit against the Canadian oil and gas producer, Talisman Energy, under the US Alien Tort Claims Act, which provides US courts with original jurisdiction over certain tort claims filed by aliens. In the suit, it was claimed that Talisman aided the Government of Sudan in the commission of genocide, war crimes and crimes against humanity. According to the claim, Talisman worked alongside the Sudanese Government in the creation of buffer zones around certain oil fields, which effectively assisted human rights violations and the perpetration of international crimes in order to gain access to oil by displacing the population living in the areas around the oil fields and attacking their villages.
The District Court of New York dismissed the claim on 12 September 2006. On 3 October 2009, the decision was affirmed by the US Court of Appeals for the Second Circuit. The Court of Appeals held that, due to previous case law, it had to look at international law to decide what standard was applicable to establishing aiding and abetting liability for human rights violations. Turning to international law, the Court held that purposefully intending the violations, rather than knowledge of the violations alone, was the applicable standard. So, in order to determine liability under the Alien Tort Claims Act the plaintiffs must show that “Talisman acted with the “purpose” to advance the Government’s human rights abuses.” The Court held that the claimants had failed to establish that Talisman “acted with the purpose to support the Government’s offences”.
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