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AZAPO v. South Africa: The Azanian Peoples Organization (AZAPO) et al. v. The President of the Republic of South Africa et al.
Judgment, 25 Jul 1996, Constitutional Court of South Africa, South Africa
Erdemović: The Prosecutor v. Dražen Erdemović
Sentencing Judgement, 29 Nov 1996, International Criminal Tribunal for the former Yugoslavia (ICTY) Trial Chamber I, The Netherlands
On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to murder, as a crime against humanity.
In order to determine the appropriate sentence for Erdemović, Trial Chamber I balanced the relevant sentencing factors.
With respect to duress, Trial Chamber I found that duress may serve as a complete defence under strict conditions, including whether the accused did not have the duty to disobey and whether he had the moral choice to do so or to try to do so. In the present case, these conditions were not met.
Trial Chamber I considered that the crimes committed by Erdemović were of intrinsic gravity. However, it took into consideration a large number of mitigating circumstances, including Erdemović’s age, expression of remorse, guilty plea, co-operation with the Prosecution and the fact that he no longer constitutes a danger.
Trial Chamber I sentenced Erdemović to 10 years’ imprisonment.
Bizumutima: Public Prosecutor v. François Bizumutima
Judgment and sentence, 17 Jan 1997, Specialized Chamber, Tribunal of First Instance of Byumba, Rwanda
Karamira: Public Prosecutor v. Froduald Karamira
Jugement, 14 Feb 1997, Court of First Instance of Kigali / Tribunal de Première instance de Kigali, Rwanda
Dusingize: The Public Prosecutor v. Alexis Dusingize
Judgment, 12 Mar 1997, Court of First Instance of Nyamata (Specialised Chamber), Rwanda
During the 1994 Rwandan genocide in which persons of Tutsi ethnicity and moderate Hutus were systematically exterminated by apparatus of the Rwandan State and Hutu civilian militias including the Interahamwe, it is estimated that some 500,000 people were killed, thousands displaced to neighbouring countries and thousands more raped.
The present decision concerns the conviction for genocide and murder as a crime against humanity of Alexis Dusingize who directed a group of assassins during the conflict to murder the Tutsi that they came across. He operated from a roadblock, which he used to verify the identity cards of those that sought to pass with the aim of separating the Tutsi from the Hutu. He was convicted by the Court of First Instance at Nyamata and sentenced to death for his crimes.
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