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Đorđević: The Prosecutor v. Vlastimir Đorđević
Public Judgment with Confidential Annex, 23 Feb 2011, International Criminal Tribunal for the Former Yugoslavia (ICTY) Trial Chamber II, The Netherlands
In the period between January and June 1999, the Serb forces conducted a campaign of attacks against the Albanian population of Kosovo, with the aim to remove them from the region. The bodies of the Kosovo Albanians were concealed in centers near Belgrade and later buried in secret mass graves. Ðorđević, who was the head of the police forces, was charged with war crimes and crimes against humanity.
The Chamber came to the conclusion that Ðorđević participated in a common plan to eliminate the Albanian population of Kosovo, and that his role was indispensable for the fulfillment of the operation.
The Chamber found him guilty of aiding and abetting the charged crimes due to his direct involvement in the concealing of bodies murdered by the Serb forces. He also failed to conduct an investigation of these crimes, which was sufficient for his conviction. Ðorđević was sentenced to 27 years of imprisonment.
Kanyarukiga: Gaspard Kanyarukiga v. The Prosecutor
Judgement, 8 May 2012, International Criminal Tribunal for Rwanda (Appeals Chamber), Tanzania
Gaspard Kanyarukiga is a Rwandan national. At the time of the genocide in April 1994, he was a businessman who owned a pharmacy in the Nyange Trading Centre, in Kivumu commune. Trial Chamber II of the Tribunal found him guilty of participating in planning the destruction of the Nyange church on 16 April 1994, which resulted in the killing of approximately 2,000 Tutsi civilians. He was convicted under Article 6(1) of the Statute of the Tribunal for planning genocide and extermination as crime against humanity. He received a sentence of 30 years’ imprisonment.
Kanyarukiga submitted 72 grounds of appeal and the Prosecution submitted 2 grounds of appeal against the Trial Chamber’s judgment. The Appeals Chamber dismissed all the grounds of appeal, upheld his convictions for planning genocide and exterminations as a crime against humanity and affirmed the original sentence of 30 years’ imprisonment imposed on him.
Ngirabatware: The Prosecutor v. Augustin Ngirabatware
Judgement and Sentence, 20 Dec 2012, International Criminal Tribunal for Rwanda, Tanzania
In the final trial before the International Criminal Tribunal for Rwanda, the Accused was Augustin Ngirabatware, the Minister of Planning from 1990 until July 1994 in the Rwandan government and an influential figure by virtue of his education and wealthy background. Indicted on charges of genocide and crimes against humanity, the Trial Chamber found that Ngirabatware had actively espoused the killing of the Tutsi population in Rwanda by delivering speeches to large assembled crowds encouraging them to man roadblocks and kill Tutsis. He distributed weapons to the Interahamwe militia and encouraged them to perpetrate crimes against the Tutsi population. Ngirabatware was convicted of genocide, direct and public incitement to commit genocide and rape as a crime against humanity. He was sentenced to 35 years’ imprisonment on 20 December 2012.
Mpambara: Public Prosecutor v. Joseph Mpambara
Judgment, 26 Nov 2013, Hoge Raad (Supreme Court), The Netherlands
Between April and July 1994, as much as 10% of the entire Rwandan civilian population was murdered in an ethnic conflict in which the Hutus sought to eliminate the Tutsis. At the same time, an armed conflict was fought between the Rwandan government army (FAR) and the armed forces of the Rwandan Patriotic Front (RPF). The RPF were a rebel army primarily composed of descendants of Rwandan Tutsi who fled from Rwanda in preceding years.
The accused, Joseph Mpambara, fled Rwanda for The Netherlands. He was arrested and brought before the Dutch courts on charges of war crimes, torture and genocide. Although the Dutch courts deemed themselves without jurisdiction for genocide, Mpambara was initially convicted for torture. The Court of Appeal also found him guilty of war crimes and increased his 20 years' prison sentence to life imprisonment. Mpambara appealed at the Supreme Court, arguing that the previous judgment - especially the use of evidence from witnesses he could not examine and the issuance of a life sentence - was in violation of his fundamental rights (as found in the European Convention on Human Rights, ECHR), namely his rights to a fair trial and to protection against inhumane treatment.
The Supreme Court found the grounds of appeal unfounded, dismissed Mpambara's appeal, and confirmed the Court of Appeals' judgment and sentence.
Judgment in the Case of Salih Mustafa
Judgment, 16 Dec 2022, Kosovo Specialist Chambers, The Netherlands
Mr Salih Mustafa, a former commander of the Kosovo Liberation Army (KLA), was accused of four war crimes including arbitrary detention, cruel treatment, torture, and murder. For three weeks in August of 1999, Mr Mustafa and his subordinates imprisoned six civilians in a barn at a compound held by the KLA in Zllash, Kosovo.
The court found, through the testimony of the five detainees who survived, that Mr Mustafa and his men subjected the detainees to inhumane conditions and treatment. The detainees were beaten with batons and hatchet handles, burned, electrocuted, threatened, and given urine when they complained of thirst. The court found that Mr Mustafa and his subordinates committed these acts against these victims together as part of a joint criminal enterprise. Their actions and refusal to provide medical care to the victims even led to the death of one of the detainees.
The court convicted Mr Mustafa of the war crimes of arbitrary detention, torture, and murder. The court found that the crime of cruel treatment is included in the crime of torture so it would be unnecessary to convict the accused of both crimes. The court sentenced Mr Mustafa to 26 years imprisonment and ordered him to pay reparations of €207,000 to the victims.
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