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Jean-Paul Akayesu
Summary
The Accused, Jean-Paul Akayesu, was the mayor of
Taba, Rwanda. On 2 September 1998, Trial Chamber I
of the Tribunal found him guilty of nine out of fifteen
Counts charging him with genocide, crimes against
humanity and violations of the Geneva Conventions in
the first ever trial before the Tribunal. His was the first
conviction ever for genocide and it was the first time that
an international tribunal ruled that rape and other forms
of sexual violence could constitute genocide. It was also
the first conviction of an individual for rape as a crime
against humanity.
Akayesu appealed against his convictions and the
sentence imposed on him. His principal ground of
appeal was that he had not been represented by
counsel of his choice. The Prosecution also presented
four grounds of appeal.
The Appeals Chamber held that the right of appeal for
an indigent person to be represented by a lawyer free of
charge did not imply the right to select the advocate to
be assigned to defend him. The Chamber underscored
that in this case there had been an abuse of the right of
an indigent accused to legal aid at the expense of the
international community.
The other grounds of appeal, as well as Akayesu’s
appeal against the life sentence imposed upon him were
also rejected.
Procedural history
The original indictment charged Akayesu,
as bourgmestre (mayor) of Taba commune, with
involvement in criminal acts committed between 7 April
and the end of June 1994 in this commune. The
Accused was charged under Article 6(1) of the Statute
with genocide (count 1); complicity in genocide (count
2); crimes against humanity (Counts 3, 5, 7, 9, and 11);
direct and public incitement to commit genocide (count
4); violations of Article 3 common to the Geneva
Conventions (Counts 6, 8, 10 and 12).
On 17 June 1997, the original indictment was amended
with three additional Counts of sexual violence, violence
and murder perpetrated at the bureau communal
between 7 April and the end of June 1994. The
Accused was thus charged under Article 6(1) and /or
Article 6(3) of the Statute with rape (count 13) and other
inhumane acts (count 14) as crimes against humanity,
and violations of Article 3 common to the Geneva
Conventions and of Article 4(2)(e) of Additional Protocol
II (outrages upon personal dignity, in particular rape,
humiliating and degrading treatment and indecent
assault, count 15).
On 2 September 1998, Trial Chamber I found the
Accused guilty of genocide (count 1), direct and public
incitement to commit genocide (count 4) and crimes
against humanity (Counts 3, 5, 7, 9, 11, 13 and 14). He
was acquitted on the remaining Counts. The Chamber
imposed several terms of imprisonment on the Accused,
ranging from 10 years to life and it decided that each
sentence should be served concurrently. Therefore, it
directed that the Accused should serve a single
sentence of life imprisonment
(see Judgment and Verdict).
Both the Accused and the Prosecution appealed against
the Trial judgment. The Accused lodged an appeal
against the sentence as well.
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Summary
In April 1992, the Serb forces gained control over the
municipality of Prijedor in Bosnia and Herzegovina,
capturing non-Serb men, women and children. The
captured non-Serbs were taken to detention camps,
such as the Keraterm factory outside the town of
Prijedor (Bosnia and Herzegovina). The detainees were
subjected to beatings, mistreatments and inhumane
conditions. Between June and August 1992, Predrag
Banović was a guard at the Keraterm camp. On 26 June
2003, Banović pleaded guilty to the crime against
humanity of persecutions, and Trial Chamber III found
him guilty accordingly.
In order to determine the appropriate sentence for
Banović, the Trial Chamber balanced the gravity of the
crime with the aggravating and mitigating
circumstances. The Trial Chamber held that the crimes
committed by Banović were of utmost gravity. Banović’s
position of superiority over the detainees, the
vulnerability of the victims, and the context in which the
crimes were committed, were considered by the Trial
Chamber as reflecting the gravity of the offence.
Furthermore, the Trial Chamber considered that Banović
abused his authority over the detainees, which
constituted an aggravating factor. Relevant mitigating
factors were Banović’s guilty plea, his expression of
remorse, and his personal circumstances.
The Trial Chamber sentenced Banović to 8 years of
imprisonment.
Procedural history
The consolidated indictment against Predrag Banović
was filed on 5 July 2002. On 18 June 2003, the
Prosecution and the Defense of Predrag Banović filed a
confidential joint motion for consideration of a plea
agreement which introduced a plea agreement between
the parties dated 5 June 2003 (para. 9 of the judgment).
On 26 June 2003, Predrag Banović pleaded guilty to the
crime against humanity of persecutions, punishable
under Article 5(h) and Article 7(1) of the ICTY Statute.
Subsequently, the Trial Chamber entered a finding of
guilt. See also ICTY Press Release: Predrag
Banović Pleads Guilty to One Count of Persecutions as
a Crime Against Humanity, 26 June 2003.
The Sentencing Hearing was held on 3 September
2003.
Related developments
On 28 July 2004, Predrag Banović was transferred to
France to serve his sentence.
On 3 September 2008, Predrag Banović was granted
early release.
and Evidence.
Summary
The armed conflict in the Democratic Republic of the
Congo opposed numerous tribes of different ethnicities
in their struggle to gain power and territory, particularly
over the Ituri provence in the north-eastern part of the
DRC, an area rich in natural resources such as gold and
diamonds. One such group, the Union Patriotique des
Congolais, was established in 2000 and appointed as its
chairman, the Accused, Thomas Lubanga Dyilo. He was
also the commander in chief of the armed wing of the
UPC, the Front Patriotique pour la Libération du Congo.
This armed group was well-known for its use of young
children to participate in the hostilities, from fighting, to
cooking, cleaning, spying, and being used as sexual
slaves.
Trial Chamber I, in the International Criminal Court’s first
verdict, convicted Thomas Lubanga of the offense of
conscripting, enlisting or using children to actively
participate in hostilities. In defining active participation,
the Chamber adopted a broad definition so as to include
children involved even indirectly, so long as their
contribution placed them in real danger as a potential
target. Unfortunately, the Chamber did not discuss
whether sexual violence against these children also fell
within the scope of the offense.
Procedural history
In March 2004, the President of the Democratic
Republic of the Congo (DRC) referred the situation in
the State to the Prosecutor of the ICC.
On 10 February 2006, Pre-Trial Chamber I issued
an arrest warrant for Lubanga for committing, as co-
perpetrator, the war crime of enlisting and conscripting
children under the age of 15 and using them to
participate in hostilities as members of the armed group,
the Force Patriotique pour la Libération du Congo.
On 16 March 2006, Lubanga was transferred to the ICC.
The charges against him were confirmed on 29 January
2007 and the trial commenced on 26 January 2009.
Related developments
Lubanga was detained at the ICC Detention Centre in
the Hague whilst awaiting sentencing.
The Prosecutor of the ICC sought a 30-year sentence,
reduced to 20 years in the event that Lubanga was able
to offer a sincere apology. See also ‘ICC Prosecutor’s
Address on the Sentencing of Thomas Lubanga’, Press
Release, Office of the Prosecutor, 13 June 2012; and
‘ICC seeks 30-year sentence for Congo warlord
Lubanga’, BBC News, 13 June 2012.
Trial Chamber I delivered its verdict on sentencing on 10
July 2012, sentencing Lubanga to 14 years’
imprisonment with credit for the 6 years already served
whilst in detention at the Hague.
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The Prosecutor v. Anto Furundžija
Background:
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The Prosecutor v. Dragoljub Kunarac, Radomir
Kovač and Zoran Vuković
Related developments
On 6 March 2001, Kovač and Vuković filed a notice of
appeal against the trial judgment and sentence. Kunarac
filed his notice of appeal on 7 March 2001.
The Appeals Chamber rendered its judgment on 12
June 2002 affirming the sentences handed down by
Trial Chamber II.
On 28 November 2002, Kovač and Vuković were
transferred to Norway to serve their sentences (see
ICTY, 'Radomir Kovac and Zoran Vukovic Transferred to
Norway to Serve Prison Sentences', ICTY Press
Release, 28 November 2002. On 12 December 2002,
Kunarac was transferred to Germany to serve his
sentence (see ICTY, 'Dragoljub Kunarac Transferred to
Germany to Serve Prison Sentence', ICTY Press
Release, 12 December 2002.
On 11 March 2008, Vuković was granted early release.
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fulfilled?
If so, can Dragoljub Kunarac, Radomir Kovač and
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Summary
The three Accused – Ferdinand Nahimana, Jean Bosco
Barayagwiza and Hassan Ngeze - were charged in
separate indictments but were tried jointly for their role in
the Rwandan genocide. They were all charged with
genocide, conspiracy to commit genocide, direct and
public incitement to commit genocide and persecution
and extermination as crimes against humanity.
Nahimana and Barayagwiza were additionally charged
murder as a crime against humanity, while Barayagwiza
was also charged with war crimes.
On 3 December 2003, Trial Chamber I of the ICTR
found the three Accused guilty of conspiracy to commit
genocide, genocide, direct and public incitement to
commit genocide and persecution and extermination as
crimes against humanity. They were found not guilty of
complicity in genocide and of murder as a crime against
humanity. Barayagwiza was also acquitted of the
charges for war crimes. The Chamber
sentenced Nahimana and Ngeze to life imprisonment.
Regarding Barayagwiza, the Chamber considered that
the appropriate sentence was life imprisonment, but, in
its decisions dated 31 March 2000, the Appeals
Chamber had decided that for the violation of his rights,
the Accused was entitled to a reduction of his sentence,
if he was found guilty. Therefore, the Trial Chamber
sentenced him to twenty-seven years, three months and
twenty-one days.
Procedural history
Nahimana was charged, pursuant to the amended
indictment filed on 15 November 1999, with seven
counts: conspiracy to commit genocide, genocide, direct
and public incitement to commit genocide, complicity in
genocide, and crimes against humanity (persecution,
extermination and murder). He was charged with
individual responsibility under Article 6(1) for these
crimes, and was also charged with superior
responsibility under Article 6(3) in respect of direct and
public incitement to commit genocide and crimes against
humanity (persecution).
Barayagwiza was charged, pursuant to the amended
indictment filed on 14 April 2000, with nine counts:
conspiracy to commit genocide, genocide, direct and
public incitement to commit genocide, complicity in
genocide, crimes against humanity (persecution,
extermination and murder), and two counts of serious
violations of Article 3 common to the Geneva
Conventions and of Additional Protocol II. He was
charged with individual responsibility under Article 6(1)
in respect of these counts, except the two counts
relating to serious violations of Article 3 common to the
Geneva Conventions and of Additional Protocol II. He
was additionally charged with superior responsibility
under Article 6(3) of the Statute in respect of all the
counts, except that of conspiracy to commit genocide.
Ngeze was charged, pursuant to the amended
indictment dated 10 November 1999, with seven counts:
conspiracy to commit genocide, genocide, direct and
public incitement to commit genocide, complicity in
genocide, and crimes against humanity (persecution,
extermination and murder). He was charged with
individual responsibility under Article 6(1) for these
crimes, and was additionally charged with superior
responsibility under Article 6(3) in respect of all but one
of the crimes - conspiracy to commit genocide.
On 25 September 2002, the Chamber acquitted Mr.
Nahimana and Mr. Barayagwiza of crimes against
humanity (murder), and further acquitted Mr.
Barayagwiza of the two counts of serious violations of
Article 3 Common to the Geneva Conventions and of
Additional Protocol II, since the Prosecution had
conceded that there was no evidence presented of
these crimes.
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Related developments
The Accused appealed their convictions and sentence.
The Appeals Chamber judgment reversed certain
findings of the Trial Chamber and affirmed others.
Nahimana’s sentence was reduced to 30 years’
imprisonment. Barayagwiza’s sentence was reduced to
32 years of imprisonment. And Ngeze’s sentence was
substituted for a 35 years prison term.
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Human Rights.
Articles 19(2),(3) and 20 of the International Covenant
Summary
The Bosnian Serb Forces conducted a campaign of
attacks against the Bosnian Muslim population of
Srebrenica and Žepa between March and September
1995.
After the fall of Srebrenica in July 1995, the men were
separated from the women, children and elderly, and
transported to locations where they were detained and
killed.
The Trial Chamber found that these acts constituted
genocide, crimes against humanity and war crimes. The
Chamber found that there were two separate criminal
plans, the first of which aimed to murder the Bosnian
Muslim men, and the second to remove the civilians
from Srebrenica and Žepa.
For their acts and omissions, the seven accused were
found guilty on several counts. The Chamber found all of
the accused responsible on counts of crimes against
humanity. Popović, Beara, Nikolić, and Borovčanin were
found guilty for violations of the laws or customs of war,
and with the exception of Borovčanin, they were also
found guilty on charges of genocide.
While Popović and Beara received a punishment of life
imprisonment, the rest received sentences between 5
and 35 years of imprisonment.
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Procedural history
The operative indictment was issued on 4 August 2006.
The Trial commenced on 21 August 2006 and closing
arguments were heard between 2 and 15 September
2009.
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Related developments
Both the Prosecution and the Defence teams of all but
Borovčanin filed their appeals briefs between April and
August 2011.
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Summary
After the takeover of Prijedor (Bosnia and Herzegovina)
and the attack launched against the town of Kozarac
(Bosnia and Herzegovina) in 1992, the non-Serb
civilians were detained in several prison facilities, where
they were beaten, sexually assaulted, tortured, killed
and otherwise mistreated. Duško Tadić was the
President of the Local Board of the Serb Democratic
Party in Kozarac (Bosnia and Herzegovina). Trial
Chamber II found Duško Tadić guilty of crimes against
humanity and war crimes and, in a separate sentencing
judgment, sentenced him to 20 years of imprisonment.
The Appeals Chamber denied Duško Tadić’s appeal on
all grounds. It did allow, however, the Prosecution’s
appeal, reversing the judgment of Trial Chamber II and
entering convictions for war crimes and crimes against
humanity.
The Appeals Chamber also held that an act carried out
for the purely personal motives of the perpetrator can
constitute a crime against humanity. Furthermore, Trial
Chamber II erred in finding that all crimes against
humanity require discriminatory intent.
The issue of sentencing was referred to a Trial
Chamber.
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Procedural history
The amended indictment was filed on 14 December
1995. The trial commenced on 7 May 1996, and Trial
Chamber II rendered its Opinion and Judgment on 7
May 1997, finding Tadić guilty of violations of the laws or
customs of war and crimes against humanity.
Thereafter, Trial Chamber II rendered its Sentencing
Judgment on 14 July 1997, sentencing Tadić to 20 years
of imprisonment.
The parties appealed against the Opinion and Judgment
of 7 May 1997, and Tadić further filed an appeal against
the Sentencing Judgment of 14 July 1997.
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Related developments
On 11 November 1999, Trial Chamber II bis rendered its
sentencing judgment on the additional counts, imposing
a sentence of 25 years of imprisonment.
On 25 November 1999, Tadić filed a notice of appeal
against the Sentencing Judgment of 11 November 1999.
Pursuant to his request, the Appeals Chamber ordered
that the appeal be joined with the Appeal against the
Sentencing Judgment of 14 July 1997.
The Appeals Chamber rendered its judgment on 26
January 2000; it upheld the convictions for war crimes
and crimes against humanity, but found that the trial
Chamber had erred in the sentencing. Hence, the prison
sentence was reduced to twenty years.
On 31 October 2000, Duško Tadić was transferred to
Germany to serve his sentence (see ICTY, 'Duško Tadić
Transferred to Germany to Serve Prison
Sentence', ICTY Press Release, 31 October 2000).
On 18 June 2001, Duško Tadić filed a request for a
review of his complete case, in light of the decision on
contempt of the Tribunal. The Appeals Chamber
dismissed the request on 30 July 2002. On 17 July
2008, Duško Tadić was granted early release.
During the Tadić procedure, contempt hearings were
initiated against Milan Vujin, lead counsel for the
Defence of Duško Tadić. On 31 January 2000, the
Appeals Chamber found Vujin in contempt of the
Tribunal and fined him. A subsequent appeal was
dismissed by the Appeals Chamber on 27 February
2001 (see ICTY, 'Milan Vujin, former Counsel for Dusko
Tadic, Found in Contempt of the Tribunal, and Fined
15,000 Dutch Guilders', ICTY Press Release, 31
January 2000).
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of the Appellants?
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Evidence.
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