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Gacumbitsi: The Prosecutor v. Sylvestre Gacumbitsi
Judgment, 17 Jun 2004, International Criminal Tribunal for Rwanda (Trial Chamber III), Tanzania
Following the death of Rwandan President Habyariamana in April 1994, ethnic tensions reignited the conflict in Rwanda between the Hutu and Tutsi populations.
The Accused in the present case, Sylvestre Gacumbitsi, was the mayor of Rusumo commune. He used his position of authority to meet with high ranking members within the commune and perpetuate a policy of extermination against the Tutsi population. He received weapons and distributed them to Hutus within the commune. He instigated the Hutu population to kill Tutsis and to rape Tutsi women. The International Criminal Tribunal for Rwanda convicted Gacumbitsi of genocide and the crimes against humanity of rape and extermination. He was sentenced to 30 years’ imprisonment.
Doe I et al. v. UNOCAL et al.: John Doe I et al. v. UNOCAL Corp. et al.
Ruling on UNOCAL Defendants' Motion for Judgment, 14 Sep 2004, Superior Court of California, Country of Los Angeles, United States
In 1979, fourteen Burmese villagers filed a complaint against the oil company UNOCAL. They claimed that they suffered abuses including torture and rape during the construction of the Yadana Pipeline. UNOCAL allegedly assisted in the abuses perpetrated by the military government in Rangoon.
The Burmese villagers based their claim on the Alien Tort Claims Act (ATCA), which allows US courts to decide cases in respect of foreign nationals for crimes that occurred outside of the US.
In the particular decision, the Superior Court held that even though one of the theories of the Burmese villagers was refused, the case was not dismissed and as a result, they were allowed to proceed with their further theories. On 14 September 2004, the defendants’ motion for judgment was denied.
Lekaj: Office of the War Crimes Prosecutor v. Anton Lekaj (aka "Pinđo" aka "Balt")
Indictment, 7 Jul 2005, District Court in Belgrade, War Crimes Chamber, Serbia-Montenegro
Anton Lekaj, born in 1980, was a member of the ‘Cipat’ group within the military police forces of the Kosovo Liberation Army (KLA). In 1999, there was an ongoing conflict between the Federal Republic of Yugoslavia, Serbia and Kosovo.
Between 12 and 15 of June 1999, Lekaj, together with other members of the KLA, detained 13 non-Albanian civilians and transferred them to premises in the Pastrik Hotel. The 13 civilians were beaten, tortured, sexually abused, and some of them were even killed.
Lekaj was arrested in August 2004 and charged with war crimes against civilians. He was subsequently tried in Serbia. On 18 September 2006, he was found guilty for his participation in the crimes and was sentenced to 13 years imprisonment.
Babić: The Prosecutor v. Milan Babić
Judgement on Sentencing Appeals, 18 Jul 2005, International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
The case against Milan Babić centered around the crimes that were committed by Serb forces in the Autonomous Region of Krajina (SAO Krajina) in Croatia, later known as the Republic of Serbian Krajina (RSK). Between August 1991 and February 1992, Serb forces attacked towns and villages in the Krajina region. After taking over control of the area, a campaign of crimes was commenced during which Croats and other non-Serbs were subjected to murder, imprisonment, deportation, forcible transfer and destruction of their homes, properties and cultural institutions. Babić held several high-level positions, such as President of the RSK.
On 27 January 2004, Babić pleaded guilty to the crime against humanity of persecutions and, subsequently, on 28 January 2004, Trial Chamber I issued its judgment. It found that the crimes were of extreme gravity and Babić's high level political position was an aggravating factor since he made resources available and prepared the Serb population to accept the crimes of persecution. Trial Chamber I also found several mitigating factors, including Babić's guilty plea, cooperation with the Prosecution, his remorse and family situation. Babić appealed.
The Appeals Chamber rejected his grounds of appeal: the Trial Chamber had given due consideration to the facts and circumstances, including the mitigating and aggravating factors, and since it is not bound by any agreement between parties, it did not err in not following the requested sentence. The fact that one mitigating factor (the post-conflic efforts to further peace) were wrongly disregarded, did not make the overall sentence of thirteen years' imprisonment unfair
Bektašević et al.: Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović,Senad Hasanović
Verdict, 10 Jan 2007, Court of Bosnia and Herzegovina, Bosnia and Herzegovina
Mirsad Bektašević, Abdulkadir Cesur, Bajro Ikanović, and Senad Hasanović were indicted in 2005 on charges of terrorism for their intended commission of terrorist acts, including a suicide bombing attack in order to coerce the Bosnian government or other European governments to withdraw their forces from Iraq and Afghanistan.
The Court of Bosnia and Herzegovina found the accused guilty with respect to both terrorism and the attempted obstruction of an official. The sentences handed down ranged between 15 years 4 months and 6 months.
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