INTERNATIONAL CRIMINAL TRIBUNAL FOR

CaseNo. ICTR-98-44-I

c The PROSECUTOR

Vo 1

Édouard KAREMERA .o Mathieu NGIRUMPATSE :71 Joseph NZIRORERA

Amended Indictment of 24 August2005

TheProsecutor of the International Criminal Tribunal for Rwanda ("The Prosecutor"), pursuantto theauthority stipulated inArticle 17 of theStatute of theInternational CriminalTribunal for Rwanda (the "Statute ofthe Tribunal"), charges:

Édouard KAREMERA Mathieu NGIRUMPATSE Joseph NZIRORERA

Pursuantto Article2 ofthe Statute ofthe Tribunal, with: (i) ConspiracyTo CommitGenocide, (ii) Directand Public ,and (iii)Genocide,or Alternatively (iv) ComplicityIn Genocide

PursuanttoArticle 3 of the Statute of theTribunal, with: (v) Rape,and (vi) Extermination,as CrimesAgainst Humanity

PursuanttoArticle 4 ofthe Statute ofthe Tribunal, with: (vii)Murderand CausingViolence to Healthand Physicalor Mental WelI-Beingas SeriousViolations of Article3 Commonto the GenevaConventions and Additional Protocol II.

PURL: https://www.legal-tools.org/doc/9699e2/ The Accused

Io Particularsof the Accused

1. Édouard KAREMERA, alias RUKUSANYA, was born in Mwendo commune, Kibuyepréfecture, in 1951.Édouard KAREMERA was trainedas a lawyerand was Ministerof theInterior in theInterim Government of 8 April1994, taking the oath of officeon 25 May1994 and continuing in thatcapacity until the Interim Government fledffom Rwandain July1994. During 1994 Édouard KAREMERA was also First Vice-Presidentof the MRNDpolitical party and a memberof theparty’s Steering Committee,serving in thatcapacity since July 1993.

2. Mathieu NGIRUMPATSEwas bore in 1939 in Tare commune, Kigali-rural préfecture,Rwanda. Mathieu NGIRUMPATSE was trainedas a lawyerand during 1994was President of theMRND political party and a memberof theparty’s Steering Committee,serving in that capacitysince July 1993.Mathieu NGIRUMPATSE previouslyserved as Ministerof Justicein Rwanda’sfirst "multi-party" government of 31 December1991, and was alsoSecretary-General of the MRND fromMay 1992 throughJuly 1993 and a memberof itsSteering Committee. Previously he wasalso Ambassadorto Germanyand Ethiopia, Director General for ForeignAffairs in the President’soffice and general manager of SONARWA,an insurancecompany.

3, JosephNZIRORERA was born in 1950 in Mukingocommune, Ruhengeripréfecture, Rwanda.During 1994 JosephNZIRORERA was National-Secretaryof the MRND politicalparty and a memberof itsSteering Committee, serving in thatcapacity since July 1993.Joseph NZIRORERA was alsoa memberof the Chambredes Députésin the AssembléeNationale, representing the MRND and Ruhengeripréfecture in that capacity,and servedas Présidentof the AssembléeNationale in the Interim Governmentof 8 April 1994. PreviouslyJoseph NZIRORERA was Ministerof PublicWorks in the MRND govemmentof 15 January1989 and was Ministerof Industry,Mines and Artisanryin theMRND governments formed on 9 July1990 and on 4 February1991. JosephNZIRORERA was a memberof the MRND Steering Committeethroughout the period 1992 - 1994and even prior to 1991.

II.lndividual criminal responsibility

4. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA are individuallycriminally responsible forthe crimes referred to inArticles 2, 3 and4 of theStatute of theTribunal and described in thisindictment, which they planned, instigated,ordered, committed, or in whoseplanning, preparation, or execution they otherwiseaided and abetted. Committing in this indictment also refers to participation ina jointcriminal enterprise asa co-perpetrator.

5, Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA participatedin a joint criminal enterprise as set out in paragraphs 9 to 14.The purpose of thisjoint criminal enterprise was the destruction of the Tutsi population inRwanda throughthe commission of crimes in violationof Articles 2, 3, and4 ofthe Statute of theTribunal.

6. Thisjoint criminal enterprise came into existence before January 1994 and continued untilat least July 1994. Participants in this joint criminal enterprise included Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA and the followingindividuals andclasses ofpersons:

AmendedIndictment of24 August 2005 2 PURL: https://www.legal-tools.org/doc/9699e2/ (i) militaryauthorities, including Augustin BIZIMANA, Minister of Defense;Col. ThéonesteBAGOSORA, Directeur de cabinetin the Ministryof Defense;Lt. Col. Anatole NSENGIYUMVA, commandant de secteur in Gisenyi; Col. Tharcisse RENZAHO,préfet of Kigali-ville;Augustin BIZIMUNGU, Army Chief of Staff,and Augustin NDINDILIYIMANA, Chief of Staff of the Gendarmerie; Protais MPIRANYA,Commander of the PresidentialGuard Battalion;Aloys NTABAKUZE, Commander of the Para-CommandoBattalion; François-XavierNZUWONEMEYE, Commanderof the ReconnaissanceBattalion; Innocent SAGAHUTU,Second-in- command of the ReconnaissanceBattalion; Col. Anatole GASAKE, National Coordinatorof the Civil DefenseProgram; Col. Ephrem SETAKO;Lt. Boniface HASENGINEZA, commandant de bataillon in Ruhengeri; Lt. Samuel IMANISHIMWE,a commander in Cyangugu.

(ii)political authorities at the nationaland regionallevel, including Theodore SINDIKUBWABO,Interim President;Jean KAMBANDA,Prime Minister;Callixte NZABONIMANA, Minister of Youth and Sports; Pauline NYIRAMASUHUKO, Ministerof Familyand Gender;Eliézer NIYITEGEKA, Minister of Information; JustinMUGENZI, Minister of Commerce;Casimir BIZIMUNGU, Minister of Health; and Jerôme-Clément BICAMUMPAKA, Minister of Foreign Affairs; André NTAGERURA, Minister of Transportation; André RWAMAKUBA, Minister of Primary and SecondaryEducation; Agnès NTAMABYALIRO,Minister of Justice; Emmanuel NDINDABAHIZI, Minister of Finance; Callixte KALIMANZIRA, Directeurde cabinetin the Ministryof the Interior; ClémentKAYISHEMA, préfet of Kibuye;Sylvain NSABIMANA, préfet of Butare;Emmanuel BAGAMBIKI, préfet of Cyangugu;Juvenal KAJELIJELI, bourgmestre of Mukingo;and LaurentSEMANZA, bourgmestreof Bicumbi; Marc MPOZAMBEZI,bourgmestre of Rubavu; ,bourgmestre of Gishyita;Aloys NDIMBATI,bourgmestre of Gisovu; Sylvestre GACUMBITSI, bourgmestre of Rusumo; Jean-Baptiste GATETE, bourgmestre of Murambi; Jean Paul AKAYESU, bourgmestre of Taba; Mika MUHIMANA,conseiller of Gishyita;

(iii)influential businessmen, , and politicalparty leaders affiliated with ""including Jean Bosco BARAYAGWIZA,a leaderof the CDR political party;Ferdinand NAHIMANA, an academic;Félicien KABUGA, a businessman;Obed RUZINDANA, a businessman;Protais ZIGIRANYIRAZO,a businessman;Hassan NGEZE,a journalist;Froudouald KARAMIRA, a nationalleader of "Hutu Power" associatedwith the MDR party;Donat MUREGO,a nationalleader of "HutuPower" associated with the MDR party; Hyacinthe NSENGIYUMVARAFIKI, a national leader of "Hutu Power"associated with the PSD party; FrancoisNDUNGUTSE, a national leader of "Hutu Power" associated with the PSD party; Gerard NTAKIRUTIMANA,a medicaldoctor; Alfred MUSEMA,Director of the Gisovu Tea Factory; Michel BAGARAGAZA, the head of OCIR-Thé; Esdras BAHEZA, a businessman;Jean Baptiste NYABUSORE, Director of ISAE; Jean Damascene NIYOYITA, President of the MRND for Mukingo commune; Assiel NDISETSE, conseillerof Busogosecteur;

(iv) leadersof the Interahamweand Impuzaumpagambipolitical party "youth wing"militias and the "civildefense" program including Robert KAJUGA, national presidentof the MRND-;Georges RUTAGANDA, first vice-presidentof the MRND-Interahamwe;Bernard MANIRAGABA, an Interahamweleader in Kigali; Yusuf MUNYAKAZI,an Interahamweleader in Cyangugu;Col. Aloys SIMBA, leader of the "civildefense" in Gikongoro;Col. Alphonse NTEZIRYAYO, préfet and leader of the "civildefense" in Butare;Col. RWAGAFILITIA, leader of the "civildefense" in

AmendedIndictment of 24 August 2005 3 PURL: https://www.legal-tools.org/doc/9699e2/ Kibungo;Bernard MUNYAGISHARI, President of the Interahamwein Gisenyi;Maj. JeanDamascene UKULIKIYEYEZU, leader of the "civildefense" in Gitarama;and OmarSERUSHAGO, an Interahamweleader in Gisenyi;

TheProsecutor is unable to specifically identify each and every participant inthe joint criminalenterprise. Thisis the best information available atthis time.

7. Thecrimes enumerated in Counts 2, 3, 4, 6, and7 of thisindictment were within the objectof thejoint criminal enterprise. The crimes enumerated in Counts 3, 4, and5 werethe natural and foreseeable consequences of the execution of theobject of the jointcriminal enterprise and the accused were aware that such crimes were the possible outcomeof the execution ofthe joint criminal enterprise.

8, In orderfor thejoint criminal enterprise to succeedin itsobjective, Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA worked in concertwith or throughseveral individuals in the joint criminal enterprise. Each participantorco-perpetrator within the joint criminal enterprise played his own role or rolesthat significantly contributed tothe overall objective ofthe enterprise. Theroles ofthe participants orco-perpetrators include, but are not limited to, the following:

9. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA constitutedthe national executive leadership of the MRND political party and, along with SecondVice-President Ferdinand KABAGEMA, comprised its Steering Committee.In their respective capacities as President, National-Secretary, andFirst andSecond Vice-Presidents they participated in the MRND Political Bureau [made up of theSteering Committee and the MRND Chairmen at theprefectural level] and the MRNDCentral Committee [made up of the SteeringCommittee and rivemembers fromevery préfecture].

10. On the basisof theirexecutive, leadership positions in the MRND,Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA exercised authorityover government officiais in theterritorial administration that were also MRND partymembers. Governmental authority, as mediatedby the territorial administration,either complemented orwas subordinate to structures ofauthority inthe MRNDin thosepréfectures or communescontrolled by the MRND.

11. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA exercisedeffective control over the Interahamwe,the youthwing of the MRND politicalparty, through structures of authority in the MRND party at thelevel of the préfecture.As Presidentof the MRND, MathieuNGIRUMPATSE exercised the ultimateauthority over the MRND and the Interahamwe.

12. ÉdouardKAREMERA was Minister of the Interiorin the InterimGovernment during theperiod after 25 May1994. In thatcapacity he exercisedde jureand de facto authorityand effective control over the regional territorial administration ofpréfets, sous-préfets,and bourgmestresthroughout Rwanda. Furthermore, as Ministerof InteriorÉdouard KAREMERA (i) was responsiblefor appointmentsof préfetsand bourgmestresnationwide; and (il)received regular reports from préfets and bourgmestresonsecurity intheir respective administrative constituencies.

13. Collectively,thenational leadership in theMRND political party, particularly its SteeringCommittee, and the Ministry of theInterior and the Ministry of Defense,both ofwhich were controlled bythe MRND political party, initiated and exercised authority

AmendedIndictment of 24 August2005 4 PURL: https://www.legal-tools.org/doc/9699e2/ over the "civildefense program". Particularly after 6 April1994 Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA exercised effectivecontrol over the network of national and regional leaders in the "civil defense program"and the Interahamwe militias.

14. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA, actingalone and in concertwith other members of thejoint criminal enterprise, participatedin the joint criminal enterprise in thefollowing ways: they created, founded,and organizedthe Interahamwe;recruited members for the Interahamwe; providedweapons, military training and indoctrination to the Interahamwe; purchased anddistributed weapons to armedmilitias, particularly to the Interahamwe; organized andparticipated in rallies and public meetings that promoted the ideology of "Hutu Power";made public statements and engaged in publicdisplays that supported anti- Tutsiideology; legitimized the InterimGovernment at internationalfora and manipulatedpress reports of thegenocide; led propaganda efforts to acceleratethe genocide;publicly characterized theTutsi as "accomplicesof the enemy" or publicly acquiescedto such characterizations; organized and participated in meetings of the MRNDfor such purposes; incited, encouraged or abettedkillings of Tutsis;rewarded or praisedpersons who killedTutsis; participated in the formulationand implementationof the policies of theInterim Government of 8 April1994 that were directedto thoseends; and mobilized the physical and logistical resources of their respectivepolitical parties and the Interim Govemment ministries controlled by those parties,and the military.

15. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA knowinglyand willfully participated inthe joint criminal enterprise, sharing the intent of otherparticipants in the joint criminal enterprise or awareof theforeseeable consequencesof their actions. On thisbasis, each accused bears individual criminal responsibilityforthese crimes under Article 6(1) of theStatute of theTribunal additionto hisresponsibility under the saine Article for having planned, instigated, orderedor otherwiseaided and abetted in theplanning, preparation and execution of thesecrimes.

16. Allnamed accused and other participants in the joint criminal enterprise shared the intentand state of mindrequired for the commission of each of thecrimes charged in Counts2, 3, 4, 6 and7.

III. Command Responsibility

17. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA whileholding positions of superiorauthority, are alsoindividually criminally responsibleunder Article 6(3) of theStatute of theTribunal for the acts of their subordinatesin the crimes charged in this indictment.

18. From January 1994 through July 1994, Édouard KAREMERA, Mathieu NGIRUMPATSE,and JosephNZIRORERA exercised effective control over the followingpersons or classesofpersons:

(i)office-holders andleaders of theMRND party at thenational, regional and local levels,including the presidents of the MRND party at the level of thepréfecture, the commune,the secteur, and the cellule;

AmendedIndictment of24 August 2005 5 PURL: https://www.legal-tools.org/doc/9699e2/ (ii)the national leadership of theInterahamwe, Robert KAJUGA, President; Phenéas RUHUMULIZA,1»t Vice-president;Georges RUTAGANDA, 2 nd Vice-president; EugeneMBARUSHIMANA, Secretary; Dieudonné NIYITEGEKA, Treasurer; and advisorsBernard MANIRAGABA, Joseph SERUGENDO, Jean-Pierre SEBANETZI, Ephrem NKEZABERA, J-M-V MUDAHINYUKA,and Alfred KANIMBA;

(iii)regional Interahamwe leaders including Joseph SETIBA, Yusuf MUNYAKAZI, Bernard MUNYAGISHARI,Omar SERUSHAGO, Shalom NTAHOBALI and Michel NIYIGABA;

(iv)members of theInterahamwe militias, the Amahindure, and the "civil defense program";

(v) préfets,bourgmestres and conseillersthat were members of the MRND,and membersof their respective conseils de sécuritéat prefecturalandcommunal levels;

(vi)commanders of the "civil defense program", particularly those military officials thatheld appointments in the territorial administration, suchas Butarepréfet Col. AlphonseNTEZIRYAYO, Kigali préfet Col. TharcisseRENZAHO, and Gitarama préfetMaj. DamasceneUKULIKIYEZU;

(vii)administrative personnel in theministries controlled by theMRND, such CallixteKALIMANZIRA, Directeur de cabinetin theMinistry of Interior.

TheProsecutor is unableto specificallyidentify each and every subordinate of the accused.This is the best information available atthis time.

19. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA knewor had reasonto knowthat their subordinates were about to commitor had committedthe crimes charged in thisindictment. Thesaine circuits of informationthat providcdstructures ofauthority for effective control of the militiamen--the territorial administrationand MRNDand MDR-"Power" political parties--also provided news of thecrimes that they committed. Furthermore, the crimes were so widespreadand were committedso openlythat each accused must have known, or oughtto havebeen aware of them.

20. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA had thematerial capacity to haltor preventthe crimes or to punishor sanctionthe subordinatesthat committed them. Given the procedures established for decision- makingand enforcementin the InterimGovernment, the MRNDdominated policy- makingfor the InterimGovernment. As thenational, executive leadership of the MRND, Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA,through the Ministriesof Defenseand the Interior,possessed the meansto callupon the army, the gendarmerie and communal police to halt,prevent or punishthe individuals committing attacks upon the civilian population, or failing that, makingit incumbentupon them to denouncethe killingsand thosethat committed them.

21. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA failedto takethe necessary and reasonable measures to preventthe crimes committed by theirsubordinates or to punishthe perpetrators. Moreover, the accused actively soughtto concealthese crimes. They (i) employed structures of authorityin the territorialadministration to dispose of the corpsesof victimsof the killings expeditiously,attempting toconceal such crimes from international media scrutiny; (ii)

AmendedIndictment of 24 August2005 6 PURL: https://www.legal-tools.org/doc/9699e2/ usedtheir control of the massmedia to mischaracterizethe killings,all the while encouragingor tacitly aiding and abetting the killings, and (iii) dispatched emissaries the InterimGovernment, or themselvesundertook missions abroad, to purchase weaponsand provisionsfor the armyand the militiasand to misinformthe worldand legitimizethe Interim Government, and its crimes, in internationalforums.

Charges

Count 1: Conspiracy to Commit Genocide

The Prosecutor charges Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAwith Conspiracyto CommitGenocide pursuant to Articles2 and 6(1) of the Statuteof theTribunal in thatover a periodof at leastone year leading up to andincluding 6 April- 17 July1994 ai1 namedaccused, conspired together, and withothers, to destroyin wholeor in part,the Tutsi racial or ethnicgroup, committed as follows:

22. Unlessotherwise stated all events detailed in presentindictment, including the acts and omissionsof the accused,took placein Rwandabetween 1 Januaryand 31 December 1994.

23. Overthe courseof severalyears leading up to and including1994, particularly after 1992, Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAagreed among themselves,and with the individualsidentified in paragraphs6(i)-(iv), meeting severally at variouslocations on disparateoccasions in contextof theirpolitical party and official government activities, to plan and prepare the destructionoï Rwanda’sTutsi population, particularly the killingof persons identifiedas Tutsiand committed acts in ïurtheranceof this agreement.

Priorto 8 April1994

Formationof the Interahamwe;meetings & publicspeeches; financing, military training, stockpilingof firearmsand weaponsdistributions for militias:

24. Over the course of 1993 and 1994 Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA agreed among themselves, and with others,and collectivelyundertook initiatives that were intended to createand extend thcir own personalcontrol, and that of the MRND SteeringCommittee, over an organizcd,centrally commanded corps of militiamenthat would respond to theircall to attack,kill and destroy the Tutsi population.

24.1 Sometimeduring 1992 Mathieu NGIRUMPATSEinitiated or supportedthe proposalthat the MRNDshould establish a "youthwing" that would be called the Interahamwe.This MRND "youthwing" wouldcompete with rival"youth wings"of oppositionpolitical parties to recruitmembers for the MRND.Over time, the MRND-Interahamwe"youth wing" attractedand incorporated unemployed,delinquent youth that often engaged in illegalactivity under the auspicesof"multi-party politics" and kibuhoza.

24.2 In July 1993 MathieuNGIRUMPATSE became the nationalPresident of the MRND politicalparty. During a MRND nationalcongress held sometime aroundJune or July1993 the MRNDCentral Committee, at thattime including

AmendedIndictment of 24 August2005 7 PURL: https://www.legal-tools.org/doc/9699e2/ Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA,authorized and foundedMRND-Interahamwe committees at the prefecturallevel throughoutRwanda, bringingthe MRND "youth wing" squarelyunder the controlof the MRNDprefectural chairmen, who themselves weresubi ect to the authorityof the MRNDSteering Committee.

24.3 Startingin 1993 MathieuNGIRUMPATSE and other nationalleaders of the MRNDpolitical party agreed among themselves, and withcivilian authorities in theterritorial administration andmilitary authorities in the Ministry of Defense andthe FAR,to providemilitary training and armsto Interahamwemilitias, and to stockpilefirearms from the Ministryof Defensefor laterdistribution to Interahamwemilitias, intending that Interahamwe militias would be deployedto killand harmRwanda’s Tutsi population.

24.4 In this regard Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAwere aware of, and complicitin, decisionstaken by Ministerof DefenseAugustin BIZIMANA and Ministryof DefenseDirecteur «te cabinetThéoneste BAGOSORA and certainFAR militaryofficers to provide militarytraining to the Interahamwemilitias in militarycamps in Kigali, Byumba,Gisenyi and Ruhengeri,notably at Gabiro,Mukamira and Bigogwe campsand in neighboringforests, including Gishwati in Gisenyiand Akagerain Umutara.

24.5 In furtherance of this conspiracy Mathieu NGIRUMPATSE ordered, facilitatedor assistedthe distributions of weapons to Interahamweduring 1993 and in early1994 and alsoordered or assistedthe concealingof stockpiled firearmsso that they would not be removedpursuant to the KWSA [Kigali Weapons Secure Area], a disarmamentinitiative launched by UNAMIR, intendingthat such weapons would later be distributedto MRND-Interahamwe.

24.6 During this period, and continuing through early 1994, Mathieu NGIRUMPATSE participated in meetings of the MRND party at the prefecturallevel in Kigali-rural,Kibungo and in severalother préfectures, duringwhich he presentedand endorsedlocal leaders of the Interahamweto the variousregional constituencies of the MRND.Such effortswere a meansto expandmembership in the Interahamweand to exercisecontrol over the militias throughstructures of authorityin the MRNDparty.

24.7 During late 1993 and early 1994, MathieuNGIRUMPATSE chaired meetings of the NationalCommittee of the Interahamwein Kigali.At thesemeetings, Mathieu NGIRUMPATSE, in concert with other Interahamwe leaders, preparedlists of personsto be killedand planneda killingcampaign against Tutsisand moderateHutus.

24.8 Mathieu NGIRUMPATSE and Joseph NZIRORERA participated in fund- raisingactivities for the Interahamwe.Particularly noteworthy are several meetingsorganized under the auspicesof the MRNDpolitical party to arrange collectionsof moneyfrom businessmen and wealthyparty members. Several of suchfundraising and celebratory banquets for the Interahamwetook place at the Hotel L’HorizonRebero in Kigaliin 1993 and in 1994. JosephNZIRORERA organizedat leastone suchgathering. Persons in attendanceincluded President Juvénal HABYARIMANA, Seraphin RWABUKUMBA, Augustin NGIRABATWARE, Robert KAJUGA, among many other notable MRND

Amendedlndictment of 24 August 2005 8 PURL: https://www.legal-tools.org/doc/9699e2/ party-members,several of whom made congratulatoryspeeches. The Prosecutoris unable to providean exhaustive list of participants orto specify thedates of the gatherings.

25. Over the course of 1993 and early 1994 Édouard KAREMERA, Mathieu NGIRUMPATSE,and JosephNZIRORERA often participatedin variousMRND politicalparty meetings and addressed public gatherings and rallieswhere they characterizedtheTutsi as "theenemy". These various meetings and gatherings were intendedto indoctrinateMRND party members, particularly the MRND-Interahamwe "youthwing", with anti-Tutsi sentiment and to generatefear and loathing of the Tutsi as a groupamong Rwanda’s Hutu population. These initiatives were consistent with recommendationsmade in reportfrom a SpecialMilitary Commission chaired by ThéonesteBAGOSORA to devisean agendato "defeatthe enemymilitarily, in the mediaand politically"that Juvénal HABYARIMANA, at that time Commanderin Chiefof the ForcesArmées Rwandaises (FAR) as wellas RwandanHead of State, establishedin December1991. Army Chier of StaffDéogratias NSABIMANA caused thereport to be circulatedamong FAR military officers in September1992.

25.1 On or about23 October1993, in particular,Mathieu NGIRUMPATSE, Jean- BoscoBARAYAGWIZA, among others, participated in a rallyat Nyamirambo stadiumin Kigaliwhere they ruade speeches that characterized theTusti as accomplicesof "the enemy". The rally included animation and pageantry by Interahamwe.

25.2 On or about 27 October 1993 Édouard KAREMERA, Mathieu NGIRUMPATSE,and Joseph NZIRORERA,along with Col. Théoneste BAGOSORA,Augustin NGIRABATWARE, among other high-levelofficials of theMRND, participated in a rallywith thousands of persons in attendanceat UmugandaStadium in Gisenyi.Again, those that addressedthe crowd, including Mathieu NGIRUMPATSEand Édouard KAREMERA, opposed the ArushaAccords and exhortedthe crowd to "combatthe enemy". Interahamweinkitenge uniforms provided security and animation for the event.

25.3 On severaloccasions in earlyNovember 1993, mid-January 1994, mid-February 1994, and March 1994, Mathieu NGIRUMPATSE addressed public gatheringsor ralliesat NyamiramboStadium in Kigali.The rallies assembled leadingpoliticians that espoused the causeof "HutuPower" and sometimes endedwith chantsof "Tubatsembasembe’"["Let us exterminatethem"], referringtothe Tutsi. Members of the Interahamwe participated inthe rallies.

26. On or about29 March1994 Army Chiefof StaffDéogratias NSABIMANA held a meetingwith the préfet of Kigaliand the commandant de secteur for the city of Kigali to finetune the structure and organization ofa "civildefense" plan. Elements of the planincluded: establishing the cellule, an administrativeunit in theterritorial administration,as the organizational equivalent of the platoon; drawing up listsof reservistsresident inKigali at thelevel of thecellule that would be available towork withsoldiers; training civilians to workwith reservists and soldiers; stockpiling weaponsand ammunitions at the level of thecellule; instructing civilians on the use of swords,spears, machetes, bows and arrows; etc. Other documentation of the "civil defense"plan from the saineperiod emphasized the needfor secrecyand close collaborationbetween military commanders, the national gendarmerie and political parties"defending the principle of theRepublic and Democracy", a reference to the MRND.

AmendedIndictment of24 August 2005 9 PURL: https://www.legal-tools.org/doc/9699e2/ 27. Overa periodof severalmonths leading up to 6 April1994, Joseph NZIRORERA maderegular, weekly weekend trips to Mukingocommune. During those visits Joseph NZIRORERAheld meetings with local political and military officiais at hismother’s Busogosecteur residence. Persons that attended those rneetings, including Juvenal KAJELIJELI,Ephrem SETAKO, Casimir BIZIMUNGU and AugustinBIZIMUNGU, agreedthat they would combatthe RPF and opposethe ArushaAccords by exterminatingtheTutsi and prepared for attacks against the local Tutsi population by organizingmilitary training for theInterahamwe and by stockpilingweapons and munitionsand by distributingweapons to Interahamwemilitiamen for use in future attacks.The Prosecutor isunable to provide an exhaustive list of theparticipants inthe gatheringsor the dates on whichthey occurred.

Al’ter8 Aprii1994

Formationof an InterimGovernment to implementa policy of genocide:

28. The assassinationsof PresidentJuvénal HABYARIMANA and ArmyChief of Staff DéogratiasNSABIMANA on theevening of 6 April1994 created a crisisof leadership for Rwandancivilian and militaryauthorities. When ThéonesteBAGOSORA was unableto takecontrol through structures of authority in the Ministry of Defenseor the FAR,extremist elements in themilitary and theMRND and "HutuPower" political parties,including Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAagreed among themselves to imposean interimcivilian govemment to fill the power vacuum.Édouard KAREMERA, Mathieu NGIRUMPATSE, Joseph NZIRORERA, Col. Théoneste BAGOSORA, Donat MUREGO, Frodouald KARAMIRA,Hyacinthe Rafiki NSENGIYUMVAagreed amongstthemselves and withother leading members of the MRNDand "HutuPower" opposition parties to assemblethe InterimGovernment of 8 April1994 with the intention of usingthe apparatusand resources ofthe state, and the legitimacy ofstate authority, toexecute the destructionofRwanda’s Tutsi population.

28.1 Thevarious participants in the conspiracy,including Édouard KAREMERA, MathieuNGIRUMPATSE, and JosephNZIRORERA, convened in meetings withThéoneste BAGOSORA at the Ministryof Defenseon momingof 7 April 1994.They met again on themoming and aftemoonof 8 April1994, by which timePresidential Guard soldiers loyal to Col.Théoneste BAGOSORA, and subjectto hiseffective control, had already killed Prime Minister Agathe UWILINGIYIMANA,Parti Social-Démocrateparty chairmanFrederick NZAMLFRAMBAHO,Parti Libéralparty chairmanLandouald NDASINGWA, ConstitutionalCourt President Joseph KAVARUGANDA, all of who would otherwisehave assumed control of the governmentor whoseparticipation wouldhave been required to constitutea new civilian authority under the terres of theBroad Based Transitional Government anticipated by the Arusha Accords or the1991 Constitution, facts known to allmembers of theconspiracy by the afternoonof 7 April1994.

28.2 Édouard KAREMERA, Mathieu NGIRUMPATSE, Joseph NZIRORERA, JustinMUGENZI, Frodouald KARAMIRA, Jean KAMBANDA,among others, agreedamong themselves and with others to placestructures ofauthority inthe MRND and "HutuPower" political parties at the serviceof the Interim Government,through the Ministry of Interiorand the territorial administration, andthe military, through the Ministry of Defenseand the FAR, as a meansto

AmendedIndictment of24 August 2005 10 PURL: https://www.legal-tools.org/doc/9699e2/ mobilizeextremist militiamen in theInterahamwe and militias andarmed civilians toattack, kill and destroy Rwanda’s Tutsi population.

28.3 Thisagreement was manifested in variousorders, directives and instructions issuedto préfetsand bourgmestres and to thegeneral population during the courseof April,May and June 1994, among them (i) the letter to allPréfets from JeanKAMBANDA regarding Instructions to restoresecurity in the countryof 27 April 1994; (ii) the Directives ofthe Prime Minister toAll Préfets on theOrganization of Civil Defense of 25 May1994; (iii) the letter to all Préfetsfrom ÉdouardKAREMERA regarding Implementation of the Prime Minister’sdirectives on theSelf-organization of Civilian Defense of 25 May 1994;(iv) the Ministerial Instructions to the Préfets of thePréfectures on the Use of Ftmds Earmarkedfor the Ministryof Interiorand Communal Developmentfor Civil Self-Defense of mid-June 1994; and (v) the letter Commandant du Secteur Anatole NSENGIYUMVA from Édouard KAREMERAregarding Opération de ratissageà Kibuyeof 18 June 1994, amongothers, all of whichwere issued on thebasis of unanimousagreement [consensus]during various cabinet meetings [conseils des ministres] of the interimGovernment and derivedfrom recommendationsfrom the MRND SteeringCommittee, including Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA.

29. Thesevarious agreements and initiatives in furtherance ofthe conspiracy were intended to galvanizeanti-Tutsi fear and loathing among the Hutu population and to moldit into a lethalapparatus, in the form of militiastrained and armed with resources from the state,for deployment in a campaignofdestruction against the Tutsi as a group.

Count 2: Direct and Public Incitement to Commit Genocide

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Direct and PublicIncitement to CommitGenocide pursuant to Articles 2, 6(1)and 6(3) of theStatute of theTribunal in thatduring the period 1 January- 17 1994ail named accuse& directly and publicly incited other persons to destroyin wholeor in part,the Tutsi racial or ethnic group, committed asfollows:

30. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA actingalone or in concertwith other known or unknownmembers of a jointcriminal enterprise,prepared or otherwiseaided and abetted in theplanning, preparation and executionof a campaignof propagandato instigate and incite Hutu, particularly the membersof" the political party "youth wing" militias, totarget Tutsi for attack or to join in or supportthe killing of theTutsi population. AI1 named accused participated in publicmeetings and rallies and made public statements, some of whichwere broadcast in themass media, that were intended to fomentfear and loathing of theTutsi among Rwanda’sHutu citizens.Furthermore, Mathieu NGIRUMPATSE, among others, participatedin the creation and the financing of theRTLM radio station, which served asa vehiclefor disseminating their extremist ideology.

31. Over the courseof Januarythrough June 1994, MathieuNGIRUMPATSE made statementsat various public meetings, gatherings or places,or publiclyassociated himselfwith statements or acts by other persons on such occasions, that characterized allTutsi as "theenemy" or as "accomplicesof the enemy" or as "accomplicesof the

Amendedlndictment of 24 August2005 11 PURL: https://www.legal-tools.org/doc/9699e2/ RPF"intending to instigatepersons in attendanceto "fightthe enemy"and to physicallyattack, harm and destroy the Tutsi as a group.

31.1 On severaloccasions in earlyNovember 1993, mid-January 1994, mid-February 1994, and March 1994, Mathieu NGIRUMPATSE addressed public gatheringsor ralliesat NyamiramboStadium in Kigali.The rallies assembled leadingpoliticians that espoused the cause of "HutuPower" and sometimes endedwith chants of "Tubatsembasembe’"["Let us exterminatethem"], referringtothe Tutsi. Members ofthe Interahamwe participated in the rallies.

31.2 Towardmid-April 1994 MathieuNGIRUMPATSE instigated militiamen at a roadblockin Kibuyeto "work",a referenceto killingTutsi, and promised to providearms and ammunition for reinforcements to attack the Tutsi.

32. Overthe courseof Aprilthrough June 1994 Joseph NZIRORERA made statements at variouspublic meetings and gatherings, or publicly associated himself with statements oracts by other persons at such gatherings, toinstigate and incite those in attendance to "fightthe enemy" and to destroythe Tutsi as a group.Furthermore after 6 April1994 JosephNZIRORERA often publicly congratulated groups of militiamenfor having killedTutsis, thereby instigating andinciting militiamen and other armed civilians to participateinfurther attacks against the Tutsi population.

32.1 On or aboutthe evening of 6 Apriland themorning of 7 April1994 Joseph NZIRORERAengaged in communicationswith Interahamwemilitiamen in Mukingoand Nkulicommunes and exhortedthem to startkilling the Tutsi populationin Ruhengeri.Joseph NZIRORERA went so faras to instructthat the killingsshould begin with one of hisown children bore of KIBERWA,a Tutsiwoman, to instigatemilitiamen and armed Hutu residents in Mukingoto killall Tutsi without exception, and instructed that this message be widely circulated.

32.2 On oneparticular occasion sometime after 6 April1994 during a grandiose "passingout" ceremonyfor newlytrained Interahamwe militias Joseph NZIRORERApublicly thanked military instructors and furtherpraised the Interahamwe,urging the militiamento continuein theirmission and acknowledgingtheir accomplishments since no singleTutsi in thecommune had survived.

32.3 Onor about30 April 1994 at a meetingofthe conseil de sécuritéat theKigali- ville préfectureoffice, Joseph NZIRORERApublicly thanked the Interahamweof Kigali for the good work that they were doing and offered them money for the purchaseof beer. TharcisseRENZAHO and Laurent SEMANZA,among others, also participated in the meeting.All participants wereaware that Interahamwe in Kigaliwere systematically killing Tutsi residentsat roadblocksand in neighborhoodpatrols. When a participantat the meeting asked for an explanationof who the enemy was, Joseph NZIRORERAresponded that "a Hutuwho joined the RPFis our fool,while a Tutsiwho joined the MRND is nowthe enemy of thecountry", concluding that "a Tutsiis theenemy of Rwanda."Such remarks were intended to, and had the consequenceof,inciting attacks upon all Tutsi.

32.4 On or about 6 May 1994 JosephNZIRORERA participated in a large pacificationmeeting in Ruhengeripréfecture with national and regional

AmendedIndictment of 24 August2005 12 PURL: https://www.legal-tools.org/doc/9699e2/ officiais,including Prime MinisterJean KAMBANDA,Donat MUREGO, Stanislas MBONAMPEKA,Francois NDUNGUTSE, and the préfet of Ruhengeri.The Prosecutor is unableto specificallyidentify each and every officialin attendance.By that rime massive killings of Tutsicivilians in Ruhengerihad already substantially eliminated the Tutsi population in the region.Joseph NZIRORERA’s public association and endorsementof Interim Govemmentministers and policies were intended to, and had the consequence of,inciting further attacks upon the Tutsi.

32.5 Also sometimein May or June 1994 Joseph NZIRORERA,along with Ministerof ForeignAffairs Jérôme-Clément BICAMUMPAKA, participated in a ceremonyat theMukingo bureau communal for the re-investiture of Juvenal KAJELIJELIas bourgmestre.Interahamwe militiamen assembled and paraded for the delegation,whereupon Joseph NZIRORERA thanked them for the "excellentwork" that they had done, referring to thekillings of Tutsis.Such remarksincited militiamen and armed civilians to participate in further attacks againstthe Tutsi population.

33. DuringApril, May and June1994 Édouard KAREMERA made statements at various publicmeetings and gatherings, or publicly associated himself with statements from otherMRND and "HutuPower" politicians, or publicly championed policies of the InterimGovernment intended to characterizeall Tutsias "theenemy" or as "accomplicesof the enemy" or as "accomplicesof the RPF", thereby instigating and incitingthose in attendance to"fight the enemy" and to physically attack and to destroy theTutsi as a group.

33.1 On or about 3 May 1994 ÉdouardKAREMERA participated in a large meetingcalled by InterimGovernment officials at the Kibuyebureau préfectoral.Prime Minister Jean KAMBANDA addressed the gatheringand promoted"civil defense" as a meansto combatthe RPF, reporting that the war was in "allcommunes" in Rwanda.Eliezer NIYITEGEKA ruade comments that characterizedTutsi children as "the enemy".Édouard KAREMERA also addressedthe gathering and paid tribute to theInterahamwe and called upon themto "flushout, stop and combat the enemy" in collaborationwiththe "youth wings"of theother parties. The speeches and someof the commentaryfrom thatmeeting were re-broadcast to the nation by RadioRwanda several days later on or about9 May1994.

33.2 On or about 16 May 1994, PresidentSINDIKUBWABO, accompanied by ÉdouardKAREMERA, held a "security"meeting in Kibuyeduring which he thankedKibuye préfet Clement KAYISHEMA for accomplishinghis mission, referringtothe killings ofTutsi in Kibuye.

Count 3: Genocide

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Genocide pursuant to Articles2, 6(1)and 6(3)of the Statuteof Tribunalin thatduring the period1 January- 17 July1994 ai1 namedaccused were responsiblefor killing or causingserious bodily or mentalharm to membersof theTutsi population,or deliberately inflicting conditions of life upon the Tutsi population that were

AmendedIndictment of 24 August2005 13 PURL: https://www.legal-tools.org/doc/9699e2/ calculatedtobring about its physical destruction, withthe intent to destroy, inwhole or in part, theTutsi racial or ethnic group, committed as follows:

Or alternatively

Count 4: Complicity in Genocide

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Complicity in Genocidepursuant to Articles2 and6(1) of theStatute theTribunal in thatduring the period 1 January - 17 July1994 ai1 named accused instigated or providedthe means to otherpersons to killor causeserious bodily or mental harm to members of theTutsi population, or to deliberately inflict conditions of life upon the Tutsi population thatwere calculated to bring about its physical destruction, knowing that those other persons intendedtodestroy, inwhole or in part, the Tutsi racial or ethnic group, committed asfollows:

34. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA actingalone or in concertwith individuals described inparagraphs 6(i)-(iv), planned, instigated,ordered, committed, or otherwise aided and abetted the killing or causing seriousbodily or mentalharm to membersofthe Tutsi population.

35. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA plannedand executed a killing campaign against the Tutsi population by formulating, articulating,publicizing, andlegitimizing policies of theInterim Govemment of8 April 1994that were used to dismantleany resistance to thecampaign in theterritorial administrationandin civilsociety, including the dismissal and replacement ofpréfets andbourgmestres andcivil servants who did not support the killing campaign.

36. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA plannedand executed a state-endorsedprogram of "civilianself defense" whereby officialsin the territorial administration [préfets, bourgmestres andconseillers] and officialsin the MRND political party recruited civilians, usually local Hutu youth, and consolidatedthem with political party "youth wing" militias under the authority of retiredmilitary officers and reservists. In so doingail named aecused collaborated withsegments ofthe military and enlisted the resources and logistics of the Ministry of Defenseand the Forces Armées Rwandaises and structures of authority inthe territorial administration,govemed by theMinistry of theInterior, to distributefirearms to politicalparty "youth wing" militias and to legitimizeand control the setting up of roadblocksand the tracking and killing of civiliansat suchroadblocks. Furthermore, this"civilian self defense" corps was deployed in armedpatrols to identify,search out andkill the Tutsi population.

37. Overthe weekend of 8 - 10 April1994 soldiers and militiamen set up roadblocksin Kigaliand checked the identity cards of passers-byand killed most of thosewho were identifiedas Tutsi.Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAexercised control over Interahamwe at the roadblocksand wereaware ofthe killings, asdemonstrated bytheir directions to militiamen tostop the killings temporarilywhen international joumalists present in Kigalibegan to issuereports on thewidespread killing that criticized the govemment.

38. On or about 10 April 1994 ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and JosephNZIRORERA convened a meetingwith the nationalleadership of the Interahamweat the Hôtel des Diplomates that included participation from the recently appointedInterim Govemment ministers. Mathieu NGIRUMPATSE ordered and

AmendedIndictment of24 August 2005 14 PURL: https://www.legal-tools.org/doc/9699e2/ instigatedthe lnterahamwe leaders to controltheir men and to invokethe authority of the InterimGovernment to organizethe removalcorpses from the streets.The campaignwas deemed one of "pacification",though essentially, andpractically, it was a meansof exerting control and direction over Interahamwe militias so thatthe killings wouldbe focused on the most important targets first, the Tutsi intellectuals, andso that thekillings would proceed with greater discretion, andin fact was a meansto aid and abetthe killing.

39. Even as they attemptedto controlthe killingsat roadblocks,Mathieu NGIRUMPATSEand Joseph NZIRORERA made arrangementswith Théoneste BAGOSORAto obtainfirearms from the Ministryof Defenseand causedsuch weaponsto bedistributed to militiamen inKigali, intending that they be used to attack andkill the Tutsi population.

40. On or about 11 April 1994 ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and JosephNZIRORERA participated in a meetingat theHôtel des Diplomates in Kigali attendedby membersof theInterim Government and most préfets. The purpose of the meetingwas to mobilize the territorial administration. During this meeting, the préfets in attendanceruade reports on the"security" situation in theirrespective regions. Butareand Gitarama préfectures were labeled inactive because the killings of Tutsihad notbegun on a massivescale.

41. By 12 April1994 soldiers and militiamen responding to ordersand instigations of attacksfrom national leaders of theMRND and highly placed government officiais, including Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA,had killedthousands of civiliansin Kigaliand throughoutRwanda. Thevictims were primarily of Tutsiethnic or racialidentification butalso included personsdeemed tobe political opponents to "HutuPower".

42. On or about 12 April 1994 ÉdouardKAREMERA, Mathieu NGIRUMPATSE, and JosephNZIRORERA accompanied the InterimGovernment in its flightto Gitarama as RPFtroops moved towards Kigali.

43. Overthe course of thenext two months, until early June 1994, the Murambi Training Schoolin Gitaramaserved as thetemporary headquarters of the Interim Government. Highlevel officiais of thosepolitical parties represented in the Interim Govemment, including Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERAconvened on a regularbasis throughout that period, with eaeh party meetingseparately toconsider policy matters, after which the various ministers ofthe respectiveparties convened in theconseils des ministres to setthe policy for the govemment.The conseilsdes ministresor variousother meetings of Interim Governmentministers or politicalparty leaders convened on numerousoccasions throughoutthat period, almost on a dailybasis, but notably on 16, 17, 18, 21, 22, 23 and27 April1994 and 25 May.

44. Duringthese numerous cabinet meetings the InterimGovemment adopted directives andissued instructions to the préfets and the bourgmestres. Thedecisions, which were thenpassed on to the general public, were intended toinstigate and aid and abet further attacksagainst the Tutsi population. In order to ensurethat the directives and instructionswere carried out JeanKAMBANDA’s Interim Government designated a ministerfrom each préfecture to be responsiblefor what was termed "pacification". InterimGovernment ministers were dispatched to their préfectures of origin to incite furtherkillings and to exercisecontrol over the militias. During several conseils des

AmendedIndictment of 24 August2005 15 PURL: https://www.legal-tools.org/doc/9699e2/ ministresthe variousministers made requests for weapons to distributein their respectivehome préfectures, knowing and intending that the weapons would be usedto attackand kill the Tutsi population.

45. On or about17 April1994 the conseildes ministresof the InterimGovernment convenedto reviewthe status of office-holders inthe territorial administration. They removedthe préfetsof Butareand Kibungo,both of whom wereknown to have opposedthe attacks upon the Tutsi population, and appointed several new préfets that embracedthe Interim Government’s policy of targetingTutsi civilians as "theenemy". Thesedecisions on appointmentsof préfets were broadcast to thenation in a Radio Rwandacommuniqué read by Ministerof InformationEliézer NIYITEGKA on or aboutthat saine day. The new office-holders would be installed on 19 April.

46. TheInterim Government also controlled the appointments, promotions and transfers of militaryofficers throughout the country. Officers in the gendarmeriethat were perceivedas hotsupporting the Interim Government policy of attackingthe civilian Tutsipopulation were transferred from the interior of thecountry, where they were duty-boundto maintain security, to the battlefront with the RPF in or nearKigali, so thatthe attacks against the Tutsi in Butare,Kibuye and elsewherewould hOt be impeded.The Interim Govemment also recalled into active service certain retired militaryofficers that were closely associated with extremist currents in the Habyarimanagovemment. These retired colonels were then installed as regional managersof the"civil defense".

47. On or about 18 April 1994 Édouard KAREMERA, Mathieu NGIRUMPATSE, Justin MUGENZI, Eliezer NIYITEGEKA,Jean-Bosco BARAYAGWIZA,among others,participated in a meetingat theMurambi Training School during which the préfetand several bourgmestres from Gitarama préfecture requested Prime Minister JeanKAMBANDA to providereinforcements to protect the Tutsi population and to restoreorder in the region. Instead, several Interim Government ministers and political party leaders, notably Édouard KAREMERA, Mathieu NGIRUMPATSE,and JustinMUGENZI, instigated Gitarama delegation to stop protectingthe Tutsi populationand instead to allow killings of Tutsicivilians byInterahamwe toproceed.

48. On or about19 April1994, Interim President SINDIKUBWABO addressed a public rallyin Butarepréfecture and encouraged those that did hOt adopt the government programto "step aside". Thereafter, killings of Tutsi civilians started or accelerated in Butare.The rally was alsothe occasion on whichthe Interim Government publicly deposedthe only Tutsi préfet in Rwanda,Jean-Baptiste HABYALIMANA of Butare,a memberof the PartiLibéral, and replacedhim by SylvainNSABIMANA.

49. On or about19 April1994, Interim Government Minister Justin MUGENZI, traveled to Kibungopréfecture to participatein the public installation of Anaclet RUDAKUBANA as préfet.Justin MUGENZI ordered or instigatedattacks against the Tutsi population, emphasizingthenew préfet’s mission as the elimination of the Tutsis.

50. On or about25 April1994, Félicien KABUGA organized a meetingin Gisenyito createa Fondsde DéfenseNationale to supportthe Interim Government in "combating theenemy and its accomplices."By 25 April1994 ai1 named accused knew or had reasonto knowthat militiamen armed by themilitary were incorporated in systematic attacksagainst the Tutsi population in Gisenyiand throughout Rwanda and that the Fondsde DéfenseNationale was intended to re-provisionthemilitias. The funds were depositedin an accountin the BanqueCommercial de Rwandato be usedfor the

AmendedIndictment of 24 August2005 16 PURL: https://www.legal-tools.org/doc/9699e2/ purchaseof weaponsfor the army and the Interahamwe. Shortly thereafter Lt. Col. AnatoleNSENGIYUMVA distributed weapons to militiamenin Gisenyithat were used to killTutsi men, women and children.

51. On 27 April1994 the conseils des ministres again addressed the "civil defense". By letterof the sainedate Prime Minister Jean KAMBANDA issued "Instructions to restoresecurity in thecountry", also addressed to All Préfets, reiterating theInterim Governmentpolicy of makingall citizens responsible for "unmasking the enemy and its accomplices"andordered or authorizedthe setting up of roadblocks,knowing that the roadblockswere being used to identifythe Tutsi and their "accomplices" for the purposeofkilling them. The conseil des ministres convened again on 29 and30 April.

52. On or about3 May 1994Édouard KAREMERA participated in a largemeeting called by InterimGovernment officials at theKibuye bureau préfectoral. Prime Minister Jean KAMBANDAaddressed the gathering and again promoted "civil defense" as a means to combatthe RPF, reporting that the war was in "allcommunes" in Rwanda.Édonard KAREMERAalso addressedthe gatheringand paid tributeto the MRND- Interahamweand calledupon them to "flushout, stop and combatthe enemy"in collaborationwith "youth wings" of theother parties, and by doingso instigatedthe killingof theTutsi ethnic group. The speeches and some of thecommentary from that meetingwere re-broadcast to the nationby RadioRwanda several days later on or about9 May1994.

53. On a date unknownbetween 1 May- 30 June 1994Joseph NZIRORERA, along with InterimMinister of ForeignAffairs Jérôme-Clément BICAMUMPAKA, participated in a ceremonyat the Mukingobureau communal for the re-investitureof Juvenal KAJELIJELIas bourgmestre.Interahamwe militiamen assembled and paradedfor the delegation,whereupon Joseph NZIRORERA thanked them for the "excellentwork" thatthey had done, referring tothe killings ofTutsis.

54. ThroughoutApril, May and June 1994 local officials in politicalparties and the territorialadministration organized attacks against the Tutsi that took refuge in the Biseserohills, resulting in thedeaths of tensof thousandsof Tutsimen, women and children.Groups of Interahamweand gendarmes brought in fromGisenyi, Cyangugu andKigali reinforced local attackers in Kibuyeduring several large scale attacks in mid-May.Well-coordinated attacks on 13 and 14 May 1994caused the deathsof severalthousands ofpersons.

55. On or about 16 May 1994, PresidentSINDIKUBWABO, accompanied by Édouard KAREMERA,held a "security"meeting in Kibuyeduring which he thankedKibuye préfetClement KAYISHEMA for accomplishing his mission, referring to thekillings ofTutsi in Kibuye, thereby aiding and abetting those killings.

56. On or about17 May1994, during a meetingof theconseil des ministres, the Interim Governmentimplemented measures to managethe "civildefense force", formally entrustingtheMinister of Defense,the Minister ofthe Interior, the Minister ofPrimary andSecondary Education, the Minister of Youthand Sports, the Minister for Family Affairs,and the Ministerof Tourismwith responsibility for the"civil defense program".

57. On or about25 May 1994,Édouard KAREMERA, as the Ministerof the Interior, issueda letter to all Préfets regarding hnplementation ofthePrime Minister "sdirectives on the Self-organizationof Civilian Defense. Its purpose was to legitimizethe

AmendedIndictment of24 August 2005 17 PURL: https://www.legal-tools.org/doc/9699e2/ distributionof weapons to themilitiamen and the massacres ofthe civilian population. As partof the "civildefense" program, the InterimGovernment, by ministerial decision,appointed several military officers to leadthe "self defense committees" establishedin each préfecture. Some of theseofficers took an activepart in the massacres,including Col. AlphonseNTEZIRYAYO in Butare,who subsequently replacedSylvain NSABIMANA as Butarepréfet when the InterimGovernment yet againdeemed authorities in Butareinsufficiently aggressive in the campaignof violenceagainst the Tutsi.

58. Amongthe newlyappointed regional leaders of the "civildefense" was Maj. DamasceneUKULIKIYEYEZU, designated for Gitaramapréfecture. When the InterimGovernment appointed several new sous-préfetsfor Gitarama,Interim GovernmentMinister for Youthand SportsCallixte NZABONIMANA, originally from Gitarama,and the new appointeessupported Maj. DamasceneUKULIKIYEYEZU, thenoperating as de f«ctopréfet in Gitarama,in directingthe resources of the préfecturetoward the ends of the"civil defense": extermination of the Tutsi in Gitarama.The Interim Government deposed the formerpréfet of Gitarama in earlyJune 1994,after which he wentinto hiding, one of thefew deposed préfets that managed to escapethe wrathof the InterimGovernment’s campaign of violence.Both Jean- BaptisteHABYALIMANA, of Butare,and GodfroideRUZ1NDANA, from Kibungo, werekilled shortly after the Interim Government removed them.

59. On severaloccasions on dates unknownin June 1994 ÉdouardKAREMERA, MathieuNGIRUMPATSE, and JosephNZIRORERA participated in meetingswith influentialbusinessmen linked to theMRND political party and "HutuPower". The purposeof the meetings was to raise funds to buy weapons tobe distributed to soldiers, hUerahamweand other militias. The Prosecutor is unableto specifythe dates of the gatheringsor to provide an exhaustive list of the participants. Themeetings took place at theHotel Meridien and in a locationalternatively identified as the "Palais MRND" andthe "préfecture office" adjacent to theHotel Palm Beach. The meetings took place aroundthe timethat the InterimGovemment had relocatedto Gisenyiwhen many influentialRwandans and senior civil servants had either accompanied the Interim Govemment,or hadfled to Gisenyithemselves. At that time ail named aeeused knew or had reasonto knowthat Interahamwe and othermilitias were systematically attackingthe civilian Tutsi population in Gisenyi and throughout Rwanda and that re- provisioningofmilitiamen would lead to further killings ofcivilians.

60. On or about17 June1994 the Interim Government convened in a conseildes ministres, whereuponit decidedto requestreinforcements from Gisenyi commandant de secteur Lt. Col.Anatole NSENGIYUMVA for furtherattacks upon surviving Tutsi in the Biseserohills in Kibuyepréfecture. Minister of InteriorÉdouard KAREMERA participatedinthe conseil des ministres and ruade the formal written request to Lt. Col. NSENGIYUMVAthe following day. Attacks against those Tutsi that had survivedthe majorattacks in Mayand earlyJune continued with reinforcements of Interahamwe fromGisenyi, Cyangugu and Kigali, causing many deaths.

61. DuringJune and July 1994 the Interim Government assembled regularly in conseilsdes ministresand various other meetings to managethe affairs of state, which at that time includedprovisioning militias and the army for continued attacks against the Tutsi population.

62. JosephNZIRORERA planned, prepared, ordered, committed and aidedand abetted attacksagainst the Tutsi population inRuhengeri préfecture.

AmendedIndictment of 24 August2005 18 PURL: https://www.legal-tools.org/doc/9699e2/ 62.1 Priorto January1994, and continuingthrough to lateJune 1994, Joseph NZIRORERAmade regularweekend trips to Ruhengeripréfecture to plan, prepareand organize the killing of the Tutsi population.

62.2 JosephNZIRORERA held meetingsin Ruhengeriwith localand regional civilianand military authorities, including Casimir BIZIMUNGU, president of the MRNDin Ruhengeri,Col. Augustin BIZIMUNGU, commandant de secteur in Ruhengeri,Juvenal KAJELIJELI, intermittently bourgmestre of Mukingo commune, Ephrem SETAKO, and Esdras BAHEZA, a businessmanin Mukingo,among others. The meetingstook place once a weekon average, usuallyon theweekend. The Prosecutor is unable to providean exhaustivelist ofthe participants inthe gatherings orthe dates on which they occurred.

62.3 Themeetings usually took place at theBusogo secteur residence of Joseph NZIRORERA’smother or at Joseph NZIRORERA’sMukingo commune residence.Meetings were also held at theISIMBI building in Busogosecteur, thelocal headquarters of the Interahamwe, and at theresidences of other MRND leaders.During those meetingsJoseph NZIRORERAand those presentagreed to combatthe RPF and to opposethe ArushaAccords by exterminatingtheTutsi population.

62.4 Duringthose meetings Joseph NZIRORERA and thosepresent agreed to providefinancial support, weapons, uniforms, provisions, and logistical and administrativesupport for the creation, military training, indoctrination and organizationoflnterahamwe militias.

62.5 BetweenJune and October1993, Joseph NZIRORERA also co-foundedthe AMIHINDURE,a relatedgroup of militiamenin Nkuli and Mukingo communeswithin the broadercategory of the Interahamwe.Juvenal KAJELIJELIrecruited, trained and organizedthe AMIHINDURE,who operatedunder the controlof JosephNZIRORERA and JuvenalKAJELIJELI.

62.6 Priorto April1994 the AMIHINDURE["Volcanic Lava Force"] was composed of approximately80 young men. All members were of Huturacial or ethnic identity.The AMIHINDUREwore Interahamwe kitenge uniforms, provided by JosephNZIRORERA, and receivedmilitary training and firearmsfrom FAR officersfrom the nearbyMukamira military camp. JosephNZIRORERA regularlysupervised the military training of theAMIHINDURE and addressed therecruits in variousmeetings and gatherings, atwhich time he explained that theirmission was to exterminateall Tutsi throughout Ruhengeri préfecture and to combatthe RPF.

62.7 After6 April1994 the AMIHINDUREexpanded significantly in number. DuringApril, May and June of 1994 JosephNZIRORERA continued to providematerial and logistical support, including military training, weapons, provisions,and indoctrination to AMIHINDURE and Interahamwemilitiamen in Mukingo and Nkuli communes.Joseph NZIRORERAaddressed the expandedAMIHINDURE during meetings, gatherings and rallies,at which timeshe instigatedthem to exterminatetheTutsi population.

62.8 JosephNZIRORERA participated in decisionstaken at a meetingat his mother’sBusogo secteur residence on the eveningof 6 April1994 or the momingof 7 April1994 or both.Other participants atone or theother ofthose

AmendedIndictment of24 August 2005 19 PURL: https://www.legal-tools.org/doc/9699e2/ meetingswere CasimirBIZIMUNGU, Augustin BIZIMUNGU, and Juvenal KAJELIJELI.During the meeting that took place on or aboutthe early morning of 7 April1994 Joseph NZIRORERA agreed with the otherparticipants and orderedthat Interahamwe militias and locally recruited anned civilians should attackand kill the Tutsi population in Mukingo and Nkuli communes.

62.9 Sometime thereafter, Juvenal KAJELIJELI ordered and instigated Interahamwe and AMIH1NDUREin Mukingoand Nkulicommunes to attackand kill the Tutsipopulation. Hundreds of unarmedTutsi men, women, children and elderlypersons were killed and their homesteads burned. Among those killed were RUKARAand his brotherLucien, a womannamed Joyce, a man named YAMWERI and six membersof his family,SWALISI, KABOYI and ten membersof his family,BAKIGA, Philip MUNGARURIRE, Abel MUHINDA, SEBIRAYI, SEBAGENI, and MUDIYAKONI.

62.10Duringthe courseof 7 April1994 JuvenalKAJELIJELI, among others, executed the decisions taken with Joseph NZIRORERA, Casimir BIZIMUNGUand AugustinBIZIMUNGU earlier that morningby orderingand commandingmembers of the Interahamweand othermilitiamen and armed civilianstoattack and kill persons sheltered inthe Busogo parish church.

62.11Followingthose generalized attacks on theTutsi in Ruhengeriof 7 April1994 JosephNZIRORERA made regulartelephone calls to the Mukingobureau communalfor updates on the progress of thekillings and to orderfurther attacks againstthe Tutsipopulation. On or about9 April1994 Joseph NZIRORERA telephonedthe sous-préfecture office in Busengoto findout if anyTutsi were hidingthere. A fewdays later a groupof Interahamwearmed with firearms attackedthe sous-préfecture office and killed over 40 persons.

62.12On or about14 April1994 gendarmes and Interahamweattacked displaced Tutsicivilians that were sheltered in the Court of Appealsbuilding in Kigombe commune,killing hundreds of Tutsimen, women and children.Joseph NZIRORERA, along with commandant de secteur Col. Augustin BIZIMUNGUand other regional authorities, were responsible for ordering the attackand knew or hadreason to knowof theattack and that the perpetrators werepersons over whom they exercised effective control. Subsequent to the killingsJoseph NZIRORERA participated in publicgatherings with Interahamwemilitiamen and local and regional civilian and military authorities in Ruhengeri,many of whowere known to haveauthorized or participatedin the attack.On thoseoccasions Joseph NZIRORERA praised militiamen for thekillings ofTutsi throughout thepréfecture.

63. JosephNZIRORERA also planned,prepared, ordered, committed and aidedand abettedattacks against the Tutsi population in Kigali-ville préfecture and in other regionsof Rwanda.

63.1 On a dateunknown between 15 Apriland 30 April1994 JosephNZIRORERA arrivedat theCanadian Embassy in Kigalisearching for the wife of Presidentof the Supreme Court Joseph KAVARUGANDA. While there, Joseph NZIRORERAobserved certain Tutsi in the areaand toldmilitiamen at a nearbyroadblock to kill the Tutsi or be killedthemselves. Later that same day, themilitiamen killed several Tutsi that had taken shelter in the courtyard ofthe CanadianEmbassy, saying that they were doing so on Nzirorera’sorders.

20 AmendedIndictment of 24 August2005 PURL: https://www.legal-tools.org/doc/9699e2/ Amongthose killed were a mannamed Innocent, a man nanledJean-Claude, Joseph RUTAREMARE, Jean-Claude NDUFATANYE, Alphonse BURAKEYE, and Pierre UWAMAHORO.

63.2 On a date unknown between 7 - 12 April 1994 Joseph NZIRORERA prepared,aided and abetted or committedkillings of Tutsisin Remera,Kigali- villepréfecture, by providing information about certain Tutsis that were in hidingto a leaderof theInterahamwe militias and by providinga vehicle, provisions,andinstructions to the Interahamwe so that those persons could be forcedout of hidingand killed.Among those killed were Aloys KAREKEZI, hiswife, and son.

64. ÉdouardKAREMERA planned, prepared, ordered, instigated and aidedand abetted attacksagainst the Tutsi population inKibuye préfecture.

64.1 Towardthe end of April 1994 ÉdouardKAREMERA arrived in Mwendo commune,Kibuye préfecture, and addressed local administrative authorities and a smallcrowd that gathered to greethim, whereupon he explained that Tutsis in Biseserowere attacking Hutus and "... now that [they had] finished Tutsis of thisarea and the problem is therein Bisesero..." that they should go to Biseserotohelp Hutus there to kill Tutsis.

64.2 On or about13 May 1994,national and regionalpolitical authorities from Kibuyethat were knownto collaboratewith Édouard KAREMERA, and who were presentfor ÉdouardKAREMERA’s address during the meetingat the Kibuyepréfecture office on 3 May 1994,arrived in Bisesero.Among them were Ministerof InformationEliezer NWITEGEKA, Kibuye préfet Clement KAYISHEMA,businessman Obed RUZINDANA,among other authorities, includingseveral bourgmestres and conseillers, accompanied by Interahamwe militiamen,soldiers and gendarmes. These same authorities ordered, instigated anddirected large-scale attacks against Tutsi civilians in Biseseroover the courseof severaldays. Militiamen and soldiers taking orders from such authoritiessurrounded, searched out and combed the hills to killTutsis with firearms,machetes and clubs.

64.3 Attacksagainst the Tutsi of Biseserocontinued through late June 1994, particularlyafter 17 June 1994 when Ministerof InteriorÉdouard KAREMERA,on behalfof the InterimGovernment, requested military authoritiesto send reinforcements from Gisenyi to eliminateany surviving Tutsisin Bisesero.The requested "ratissage" ["mopping up" operation] was intendedto destroythe Tutsi of Kibuye completely and to concealthe crimes of thepreceding months that would be revealedby theaccounts of survivors.

65. By the timethe InterimGovernment fled Rwanda in mid-July1994 hundreds of thousandsof unarmedmen, women and children had been killed as a directresult of policiesinitiated and authorized by the MRND and affiliated "Hutu Power" political partiesand executed through the instrumentalities of the state. Cumulatively theacts and omissions of Édouard KAREMERA, Mathieu NGIRUMPATSE,and Joseph NZIRORERAfurthered the objectives of thejoint criminal enterprise to destroythe Tutsias a groupand to exterminatethepolitical opponents of"Hutu Power". This joint criminalenterprise was the means by whichaH namedaccused and other persons that favored,or soughtto benefitfrom, the political regime of the MRNDparty-state attemptedto combatthe RPF and to perpetuate"Hutu Power" in Rwanda.

AmendedIndictment of 24 August2005 21 PURL: https://www.legal-tools.org/doc/9699e2/ 66. In Ruhengeripréfecture during early-mid April 1994, Kigali-ville préfecture during April1994, Butare préfecture during mid-late April 1994, Kibuye préfecture during May- June1994, and Gitarama préfecture during April and May 1994, and throughout Rwanda,Interahamwe and militiamen raped and sexually assaulted Tutsi women and girlsthroughout Rwanda, causing them serious bodily or mentalharm. Such serious bodilyor mentalharm inflicted upon Tutsi women and girls was intended to destroythe capacityofpersons ofTutsi ethnic or racial identity tosustain themselves phys, ically or psychologicallyas a group,or to reproducethemselves as a group.Edouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA were aware thatrape was the natural and foreseeable consequence of the execution of thejoint criminalenterprise andknowingly and willfully participated inthat enterprise.

Count 5: Rape as a Crime AgainstHumanity

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Rapeas a CrimeAgainst Humanity pursuant to Articles3, 6(1) and 6(3)of theStatute of theTribunal inthat on orbetween the dates of 6 Apriland 17 July 1994, throughoutthe territory of Rwanda,ail named accused were responsible for raping persons or causingpersons to be raped,as partof a widespreador systematic attack against a civilian populationonpolitical, ethnic, or racial grounds, committed asfollows:

67. Between6 April1994 and 17 July1994 throughout Rwanda there were widespread or systematicattacks against a civilianpopulation based on Tutsiethnic or racial identificationorpolitical opposition to the MRND and "Hutu Power" political parties, as describedindetail in paragraphs 34through 66.

68. As partof thesewidespread or systematicattacks, Interahamwe and other militiamen rapedTutsi women and girls in Ruhengeripréfecture during early-mid April 1994, Kigali-villepréfecture during April 1994, Butare préfecture during mid-late April 1994,Kibuye préfecture during May - June1994, and Gitaramapréfecture during Apriland May 1994.

69. Theserapes were the natural and foreseeable consequence of the object of thejoint criminalenterprise to destroythe Tutsias a group.Édouard KAREMERA, Mathieu NGIRUMPATSE,and JosephNZIRORERA were aware that rape was the natural andforeseeable consequence of the execution of thejoint criminal enterprise and knowinglyand willfully participated inthat enterprise.

70. Rapeagainst Tutsi women between 6 April1994 and 17 July1994 was so widespread and so systematic that Édouard KAREMERA, Mathieu NGIRUMPATSE,and JosephNZIRORERA knew or had reasonto know that Interahamweand other militiamenwere about to committhese crimes or thatthey had committed them. The accusedhad the material capacity to haltor preventthe rapes, or to punish or sanction thosethat committed these crimes, but failed to takethe necessary and reasonable measurestoprevent the rapes or to punishthe perpetrators.

Count6: Exterminationas a CrimeAgainst Humanity

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Extermination as a CrimeAgainst Humanity pursuant to Articles3,

AmendedIndictment of 24 August2005 22 PURL: https://www.legal-tools.org/doc/9699e2/ 6(1)and 6(3) of theStatute of theTribunal in that on orbetween the dates of 6 Apriland July1994, throughout the territory of Rwanda, ail named accused were responsible forkilling persons,or causingpersons tobe killed, as part of a widespreadorsystematic attack against a civilianpopulation on political, ethnic, or racial grounds, committed asfollows:

71. Between6 April1994 and 17 July1994 throughout Rwanda there were widespread or systematicattacks against a civilianpopulation based on Tutsiethnic or racial identificationor political opposition tothe MRND and "Hutu Power" political parties, asdescribed indetail in paragraphs34through 66.

72. As partof thesewidespread or systematicattacks, Édouard KAREMERA, Mathieu NGIRUMPATSE,and JosephNZIRORERA acting alone or in concertwith other knownor unknownmembers of a jointcriminal enterprise, planned, ordered, organized andcommitted killings of Tutsicivilians or politicalopponents of "HutuPower" as describedindetail in paragraphs 34to 66.

73. As partof thesewidespread or systematicattacks, members of the Interahamwe; préfets,bourgmestres and conseillers that were members of theMRND, and members of theirrespective conseils de sécuritéat prefecturaland communallevels; commandersof the "civildefense program"; and administrativepersonnel in the ministriescontrolled by the MRND, committed killings of Tutsicivilians or political opponentsof"Hutu Power" as describedindetail in paragraphs34 to 66.

Count 7: SeriousViolations of Article3 Common to the Geneva Conventionsand AdditionalProtocol II: Killingand Causing Violenceto Health And Physicalor Mental Well-Being

The Prosecutorcharges Édouard KAREMERA,Mathieu NGIRUMPATSE,and Joseph NZIRORERAwith Murderand CausingViolence to Healthand Physicalor Mental Well-Beingas a SeriousViolation of Article3 Commonto the GenevaConventions and AdditionalProtocol IIpursuant toArticles 4,6(1) and 6(3) of the Statute of theTribunal in on or betweenthe dates of 6 Apriland 17 July1994, throughout the territory of Rwanda,ai! namedaccused were responsible for murder, seriously harming, and/or otherwise treating in a cruelmanner persons taking no activepart in thehostilities in connection with an armed conflictnot of an international nature.

74. Between1 January1994 and 17 July1994 there existed in Rwandaa stateof non- internationalarmed conflict within the meaning of Articles1 and 2 of ProtocolII Additionalto theGeneva Conventions of 12 August1949.

75. Thebelligerents in the non-international anned conflict were the FAR and the RPF. Theparties to thatconflict were bound by therules contained in Article3 Common to theGeneva Conventions and Additional Protocol II.

76. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA actingalone or in concertwith other known or unknownmembers of a jointcriminal enterprise,planned, ordered, organized and committed murders of Tutsicivilians throughoutRwanda, as describedin detail in paragraphs34 to 66.

77. Membersof theInterahamwe; préfets, bourgmestres and conseillers that were members of theMRND, and members of theirrespective conseils de sécuritéat prefecturaland communallevels; commanders of the"civil defense program"; and administrative

AmendedIndictment of24 August 2005 23 PURL: https://www.legal-tools.org/doc/9699e2/ personnelin theministries controlled by the MRND,committed murders of Tutsi civiliansthroughout Rwanda as described in detail in paragraphs 34 to 66.

78. TheTut,si civilians that were murdered were persons taking no activeor directpart in thehostilities, or persons who had ceased to takepart in the hostilities, andwere thus personsprotected by the termsof CommonArticle 3 of theGeneva Conventions and ProtocolII.

79. The murderof Tutsicivilians was closely related to the armedconflict. Édouard KAREMERA, Mathieu NGIRUMPATSE~ and Joseph NZIRORERA used the environmentand the context of thenon-intemational armed conflict and the resources ofthe state, including the territorial administration andstructures of authority in the MRND and the MDR-"Power"political parties, and the physicaland logistical re,sources of themilitary, to achievethe criminal goal of destroyingthe Tutsi as a group,particularly themurder of Tutsi civilians.

80. Édouard KAREMERA, Mathieu NGIRUMPATSE, and Joseph NZIRORERA orderedor insfigatedmurders of Tutsi civiiians and politicai opponents asa meansto eliminatepossible support for the RPF from within the country, as a bargainingchip to forcethe RPFto agreetoits terms for a cease-fire,and as actsof reprisaland vengeancefor RPF advanceson the battlefield.Consequently, the murderswere closelyrelated to thearmed conflict. The aets and omissionsof ÉdouardKAREMERA, Mathieu NGLR UMPA TSE, and Joseph NZIRORERA,detailed herein are punishable in referenceto Articles22 and23 of the Statutëof theTribunal.

Dated:Arusha, thisSlA rK dayof/~l~.~tt~-2005:

HassanBubacar Jallow Pr0secutor

AmendedIndictmem of24 August 2005 24

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