P 10 - International Criminal Justice M 25 - Landmark Decisions of the United Nations International Criminal Tribunal for

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

Description of Module

Subject Name Human Rights and Duties

Paper Name International Criminal Justice

Module Landmark Decisions of the United Nations International Criminal Tribunal for Name/Title Rwanda Dr. Vijaya Khader Module Id Former25 Dean, Acharya N G Ranga Agricultural University

Pre-requisites

Objectives

Keywords

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

Landmark Decisions of the United Nations International Criminal Tribunal for Rwanda

Learning Outcomes

1. In the present document, you shall be acquainted with the various Landmark decisions of the United Nations International Criminal Tribunal for Rwanda. 2. The present document also gives you an insight into the functioning of the tribunal and its efforts in order to achieve its purpose. 3. It also comprises a section for self-assessment that tests your understanding regarding various topics.

Outline

a. Introduction b. Landmark Decisions of UN ICTR i) The Prosecutor v Jean-Paul Akayesu ii) Édouard Karemera Matthieu Ngirumpatse v The Prosecutor iii) Jean Kambanda v The Prosecutor iv) Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngze v The Prosecutor v) Simon Bikindi v The Prosecutor vi) Sylvestre Gacumbitsi v The Prosecutor vii) The Prosecutor v Clément Kayishema and Obed Ruzidana viii) Alfred Musema v The Prosecutor ix) Pauline Nyirmasuhuko et al x) Siméon Nchamihigo v The Prosecutor

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

c. Conclusion d. Further readings e. Self-Assessment Questions

I. Introduction

Inherent in the idea of humankind is an implied ability to rise to any challenge and paradoxically sink to any depth. We live in a day and age where peace is either imposed or acquired. The concept of it being fundamental to human beings is hard to imagine. The establishment of the United Nations International Criminal Tribunal for Rwanda in 1995 is considered as a ramification for the atrocities initiated by certain sections of the society. The prime purpose of the tribunal is to prosecute person(s) responsible for and other serious violations in terms of International Humanitarian Law in the territory of Rwanda and neighboring states. In an attempt to fulfil its purpose and subsequently curtail the above activities, the Tribunal has 93 individuals. Subsequently, it has delivered various ‘landmark’ decisions in furtherance of its purpose, which is being discussed in the following document.

II. Landmark Decisions of UN ICTR

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

a) The Prosecutor v Jean-Paul Akayesu1 :

The defendant Jean Paul Akayesu served as a mayor of the Taba commune. As a mayor, he was a powerful man who had the responsibility of maintaining peace and order. He exercised exclusive control over the police force. Under his term, 2000 were killed between 7th April and end of June 1994. On 13 February 1996, Jean Paul Akayesu was charged with genocide; complicity in genocide; direct and public incitement to commit genocide; and extermination, murder, torture, rape, inhumane acts (crimes against humanity); and murder, cruel treatment and outrages upon personal dignity including rape (violations of the laws and customs of war). 2 The Trial court found him guilty and on account of Genocide (direct and indirect) and crimes against humanity. He subsequently Appealed. The defense taken by Akayesu was that he had no part to play in the accusation, and he wasn’t able to exert any control over the situation. He also objected to the fact that he wasn’t being represented in the court of law in the best possible manner.

All his explanations were redundant in front of the court and on Oct 2, 1998, he was sentenced the life imprisonment.

a) Édouard Karemera Matthieu Ngirumpatse v The Prosecutor3 :

1 The Prosecutor v Jean-Paul Akayesu, ICTR-01-76-A (http://www.unictr.org/sites/unictr.org/files/case- documents/ictr-96-4/trial-judgements/en/980902.pdf)

2 The Justice Hague Portal,’Akayesu Jean-Paul’, http://www.haguejusticeportal.net/index.php?id=8778 3 Édouard Karemera Matthieu Ngirumpatse v The Prosecutor, ICTR-98-44, http://www.unictr.org/en/cases/ictr-98-44.

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

https://commons.wikimedia.org/wiki/File:P%C3%A8re-Lachaise_-_Division_88_- _Rwanda_genocide_memorial_01.jpg

(Caption: Rwanda Genocide memorial)

Édouard Karemera is a former Rwandan politician, primarily known for his role in the . The civil war in Rwanda that had opposed the government to the Tutsi dominated was brought to an end by the Arusha Accords. The Rwandan Patriotic Front implemented a transitional multi-party government, making Juvénal Habyarimana of the Mouvement Républicain National pour la Démocratie et le Développement (hereinafter, MRND)4 its President. Following his death on April 6th, 1994, aggressions broke out once again.

The MRND, with the Accused Mathieu Ngirumpatse as its President and his co-accused Karemera as its Vice President, introduced and implemented various actions designed to specifically target the Tutsi population. They actively supported the , a Hutu paramilitary organization that acted as the youth wing of the MRND, and which was responsible for the mass killing, rape and sexual assault of innumerable Tutsi women. The Accused interfered with the territorial administration in Rwanda, warning local officials to support the Hutu policy and replacing anyone who opposed the killing of . The Accused travelled across government-controlled parts of Rwanda and espoused their anti- Tutsi policy with a view to inciting more killings. For many years, Karemera was said to have consented to, executed and partook in a plan aimed at the systematic extermination of the Tutsi population by hatred and ethnic violence, the distribution of arms to militias, and the preparation of lists of persons who were to be killed.

4 The Justice Hague Portal,’ Édouard Karemera Matthieu Ngirumpatse v The Prosecutor’, http://www.haguejusticeportal.net/index.php?id=8948. 6

International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

Karemera fled Rwanda after the Genocide. On June 5th1998, he was arrested in Lomé, Togo. His trial was held before the International Criminal Tribunal for Rwanda (hereinafter, ICTR) on September 19th, 2005. Karemera was accused of “conspiracy with intent to commit genocide”, “of direct and public invitation to commit genocide”, as well as “genocide” or alternatively “complicity in the crime of genocide”5 By a judgment of 2 February 2012, Trial Chamber III of the ICTR found both Accused guilty of genocide, conspiracy to commit genocide, direct and public , rape, and extermination as crimes against humanity and the war crime of killing. Both were sentenced to life imprisonment. This judgment came after seven years of trial, the withdrawal of three judges, the death of one other Accused and the controversial decision taking judicial notice that a genocide did, in fact, take place in Rwanda in 1994, thus relieving the Prosecution of having to present evidence in order to prove the allegation beyond any reasonable doubt.

C) Jean Kambanda v The Prosecutor6 :

The Accused, Jean Kambanda, was the Prime Minister in the caretaker government of Rwanda from the beginning of the Rwandan Genocide in 1994. He was accused of abusing his authority and the trust of the civilian population by not taking any of the necessary reasonable measures to prevent his subordinates from committing gross violations of the law against Tutsis7. He supported Radio Télévision Libre des Mille Collines, which lauded the massacres and extermination of Tutsis and moderate Hutus.

5 Trial,’Edorard karemera’, http://www.trial-ch.org/en/resources/trial-watch/trial- watch/profiles/profile/64/action/show/controller/Profile/tab/context.html 6 Jean Kambanda v The Prosecutor,ICTR-97-23, http://www.unictr.org/en/cases/ictr-97-23

7 Accountability for International Humanitarian Law Violations: The Case of Rwanda and East Timor,’Guilty Pleas’, http://link.springer.com/chapter/10.1007%2F3-540-28885-6_8

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

On September 4th, 1998, he pleaded guilty to genocide and crimes against humanity (murder and extermination) and Trial Chamber I of the ICTR sentenced him to life imprisonment. He was held criminally responsible because of his direct participation in the commission of massacres and because of his failure to stop or prevent them or to punish the perpetrators8. In addition to this, the Court accused him of distributing arms and ammunition in Butare and Gitarama with the knowledge that they would be used to massacre civilians. He appealed against his sentence and subsequently requested that his guilty plea is quashed and that he stand trial.

https://commons.wikimedia.org/wiki/File:Butare_-_Flickr_-_Dave_Proffer.jpg

(Caption: Butare)

https://commons.wikimedia.org/wiki/File:Rwanda_Gitarama_landscape.JPG

(Caption: Gitarama, Rwanda)

Before the Chamber of Appeals, the Accused argued that he had not been given the lawyer of his choice and that even when he finally received suitable legal representation, the Prosecution had influenced the assignment of his advocate. In addition to this, Kambanda accused his defense counsel, Oliver Michael Inglis, of inadequate representation. He further claimed that the Registry had organized his detention in facilities in such a way that he was isolated from other detainees and that he felt that these were extremely oppressive arrangements. In rebuttal to this, the Prosecution pointed out that, for some time, Kambanda refused any legal representation until the Registry conveyed to him that in the interest of justice, he had to be represented by counsel. He subsequently requested the Registry to assign Mr. Inglis as his defence counsel. After pleading guilty and being found guilty, Kambanda rescinded his plea, which the Court did not accept.9

8 The Justice Hague Portal,’Kambanda Jean’, http://www.haguejusticeportal.net/index.php?id=8872 9 Afrol News, ‘Rwanda Genocide’, http://www.afrol.com/html/Countries/Rwanda/genocide002_kambanda.htm 8

International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

The Appeals Chamber dismissed all the grounds advanced by the Accused and upheld his sentence.

d) Ferdinand Nahimana, Jean-Bosco Barayagwiza, and Hassan Ngze v The Prosecutor10 :

This case concerned the roles of Ferdinand Nahimana and Jean-Bosco Barayagwiza in the radio station Radio Télévision Libre des Mille Collines (RTLM), that of Hassan Ngeze in the publication of the newspaper, as well as Jean-Bosco Barayagwiza’s involvement in the Coalition pour la Défense de la République (CDR) and the role of Hassan Ngeze in the killing of Tutsis in Gisenyi prefecture on April 7th, 1994.

RTLM was a radio station, which, during the Rwandan Genocide, broadcasted information and propaganda that helped coordinate the killings and fuel hatred against Tutsi and moderate Hutus. Ngeze is a Rwandan journalist best known for spreading anti-Tutsi propaganda and Hutu dominance through his newspaper, Kangura. He was a founding member and leading figure in the (CDR), a Rwandan political party known for facilitating the genocide against Tutsis. Kangura published lists of individuals to be eliminated by the military and the militia organization, Interahamwe, and militias during the Genocide. In addition, he is alleged to have supervised and taken part in torture, rape, and killings in his native Gisenyi Prefecture. Barayagwiza was the chairman of the executive committee for RTLM during the Genocide and was a founding member of the CDR11. He conspired to exterminate the Tutsi population and eliminate members of the opposition by broadcasting messages of ethnic hatred that incited violence, training militias and distributing weapons to militiamen, and the preparation and diffusion of lists of people to be killed.

10 Ferdinand Nahimana, Jean-Bosco Barayagwiza and Hassan Ngze v The Prosecutor,ICTR-99-52, http://www.unictr.org/sites/unictr.org/files/case-documents/ictr-99-52/appeals-chamber-judgements/en/071128.pdf

11 ‘Hasan Ngeze’, https://en.wikipedia.org/wiki/Hassan_Ngeze 9

International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

Trial Chamber I originally found the Accused guilty of conspiracy to commit genocide, genocide, direct and public incitement to commit genocide and persecution and extermination as crimes against humanity. It sentenced each of them to a single term of life imprisonment. It did, however, reduce Barayagwiza’s sentence to 35 years, taking into account the violation of his rights. The Accused went on to appeal their convictions and sentence.

The Appeals Chamber reversed certain findings of the Trial Chamber and affirmed certain others. The Appeals Chamber reduced Nahimana’s sentence to 30 years of imprisonment and Barayagwiza’s sentence to 32 years of imprisonment. The Appeals Chamber later substituted Ngeze’s life sentence by a prison term of 35 years.

e) Simon Bikindi v The Prosecutor12:

Simon Bikindi was a singer-songwriter, composer, and leader of a ballet troupe known as the “Irindiro” during the Rwandan Genocide of 1994. Bikindi was an ethnic Hutu whose songs, which were played on Radio Télévision Libre des Mille Collines to incite killings, were directed against the Tutsi population and allegedly incited hatred and violence against them. It was said Bikindi "composed, sang, recorded or distributed musical works extolling Hutu solidarity and accusing Tutsis of enslaving Hutus." Bikindi

12 Simon Bikindi v The Prosecutor,ICTR-01-72, http://www.unictr.org/en/cases/ictr-01-72

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

was also accused of having personally participated in the killings during the Rwandan Genocide, both in and Gisenyi prefecture and in having helped to recruit and organize Interahamwe militias.

Bikindi was indicted by the International Criminal Tribunal for Rwanda (ICTR). He was charged with conspiracy to commit genocide; genocide, or alternatively complicity in genocide; direct and public incitement to commit genocide, and murder and persecution, as crimes against humanity. On 2 December 2008, Trial Chamber III of the ICTR found him guilty of direct and public incitement to commit genocide based on public exhortations to kill Tutsis, which he made on the Kivumu-Kayove road in Gisenyi prefecture in June 1994. The ICTR ruled beyond reasonable doubt that Bikindi was associated with the extremist Interahamwe paramilitary organization and publicly urged Hutus to exterminate Tutsis. Subsequently, the Trial Chamber sentenced him to 15 years of imprisonment. Bikindi appealed his convictions, and both the Accused as well as the Prosecution challenged the sentence, the Prosecution asking for life imprisonment of Bikindi. The Appeals Chamber dismissed the appeals from both parties in their entirety and affirmed the sentence.

f) Sylvestre Gacumbitsi v The Prosecutor13 :

Sylvestre Gacumbitsi was the mayor of the commune of Rusumo in Rwanda. In April 1994, which was a time of extreme tension between the Hutus and Tutsis, he led an attack on the Nyarubuye Parish during which numerous Tutsi refugees were killed. He distributed arms and organized meetings where he aided the killings of the Tutsi population. Gacumbitsi exercised authority over his subordinates and

13 Sylvestre Gacumbitsi v The Prosecutor, ICTR-01-64, http://www.unictr.org/en/cases/ictr-01-64

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

instigated and allowed numerous rapes and sexual assaults on Tutsi women to take place. Further, he used his leadership position in order to meet with high-ranking members of the commune and proliferate and promote the extermination of the Tutsis.

On June 17th, 2004, the Trial Chamber of the International Criminal Tribunal for Rwanda found Gacumbitsi guilty of genocide and of crimes against humanity for rape and extermination. The court did, however, acquit him of the charges of crimes against humanity for murder and complicity of genocide. He was then sentenced to 30 years in prison. Both the Defense and the Prosecutor appealed against the judgment. On 7 July 2006, the Appeals Chamber confirmed the Trial Chamber’s decision but also found Gacumbitsi guilty of murder as a crime against humanity. His sentence subsequently increased to life imprisonment.14

g) The Prosecutor v Clément Kayishema and Obed Ruzidana15:

This case concerned two Accused, Clément Kayishema, and Obed Ruzindana. Kayishema acted as Prefect of Kibuye from July 1992 until he left for Zaire in July 1994. He was indicted on April 24th, 1996 for having had a part to play in four massacres at the Catholic Church and the Home St. Jean complex (Kibuye), at the Stadium in Kibuye town, at the Church in Mubuga and in the area of Bisesero, all of which resulted in the death of thousands of men, women and children. Kayishema was charged with 24 counts as prefect of Kibuye with involvement as a superior in the massacres which occurred in that area from April to June 1994.

14 The Justice Hague Portal,’ Gacumbitsi, Sylvestr “http://www.haguejusticeportal.net/index.php?id=8954”

15 The Prosecutor v Clément Kayishema and Obed Ruzidana, ICTR-95-1, http://www.unictr.org/en/cases/ictr-95-1

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

https://commons.wikimedia.org/wiki/File:Never_Again_-_With_Display_of_Skulls_of_Victims_- _Courtyard_of_Genocide_Memorial_Church_-_Karongi-Kibuye_-_Western_Rwanda_-_01.jpg

(Caption: Courtyard of Genocide Memorial Church, Karongi, Kibuye, Western Rwanda)

Ruzindana was said to have played a prominent role in the systematic extermination of the Tutsis who had sought refuge in the Bisesero region located in the Kibuye prefecture. The massacres in the region went on for several months, from April to June 1994, and resulted in tens of thousands of deaths16. He was charged with five counts for his role in the crimes committed here. Ruzindana allegedly provided transport for the assailants and invited them into attacking the Tutsis who had sought refuge in the Bisesero region. He purportedly came up with the plan of attack that was to be implemented, was the leader of the assailants, and personally took part in the massacres. He is said to have distributed weapons to the assailants and launched the attack by opening fire on Tutsi refugees.

On May 21st, 1999, Trial Chamber II of the ICTR found both Accused guilty of crimes of genocide. Kayishema was found guilty of four counts of genocide and was sentenced to life imprisonment, and Ruzindana was found guilty of one count of genocide and was sentenced to 25 years of imprisonment. Both appealed against their convictions as well as the sentence imposed on them. Their appeal was based on several grounds including lack of equality of arms, defective indictment and inadequate proof against them that established their roles in these attacks beyond a reasonable doubt. After reviewing these arguments, the Appeals Chamber ruled that the Trial Chamber did not err in any way on their

16 Agnieszka Szpak,’ National, Ethnic, Racial, and Religious Groups Protected against Genocide in the Jurisprudence of the ad hoc International Criminal Tribunals’, http://ejil.oxfordjournals.org/content/23/1/155.full.pdf

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

judgment or error on a question of law or error of fact in the case. Thus, the Chamber affirmed the judgment laid down by the Trial Chamber and upheld both the conviction and sentence. The Prosecution appealed against the judgment of the Trial Chamber arguing that the Accused ought to have been convicted on all counts. However, the Prosecutor’s appeal was dismissed, as it was not filed within the prescribed time limits.

h) Alfred Musema v The Prosecutor17 : During the 1994 Rwandan genocide, the Accused, Alfred Musema, was the Director of the Gisovu Tea Factory in Kibuye Prefecture. Musema actively partook in crimes committed against the Tutsi population during April, May and June 1994 in Gisovu and Gishyita communes, in the Kibuye prefecture of Rwanda. In his position, he exercised authority and control over his employees at the tea factory. Thus, he had the authority to prevent the use of vehicles, uniforms or other possessions of the factory in carrying out massacres or to sanction anyone using them to massacre Tutsis. Musema was said to have played a decisive role in the extermination of Tutsi refugees who in 1994 fled to the hilly region of Bisesero in the district of Kibuye. The massacres in this region went on continuously between April and June 1994 and caused tens of thousands of deaths. On 26 April 1994, Musema reportedly directed and participated in an attack on the hillside at Gitwa. He was said to have arrived there on board one of the tea factory's vehicles, to have participated in a large-scale attack against the Tutsis who had taken refuge there and to have fired shots into the crowd of refugees. He was accompanied by employees of the Gisovu tea factory18.

17 Alfred Musema v The Prosecutor, ICTR-96-13, http://www.unictr.org/en/cases/ictr-96-13

18 Trial,’Alfred Musema’, http://www.trial-ch.org/en/ressources/trial-watch/trial- watch/profils/profile/46/action/show/controller/Profile.html 14

International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

The Prosecution alleged that on a number of occasions during April, May and June 1994, Musema transported armed attackers (including employees of the factory), to different locations in Gisovu and Gishyita communes and instructed them to attack Tutsis that were seeking refuge in these areas. He himself took part in these attacks. The indictment against Musema was amended to include charges that he committed acts of rape and that he ordered and instigated others to rape and kill Tutsi women.

On 27 January 2000, Trial Chamber I of the International Criminal Tribunal for Rwanda (ICTR), found Musema guilty of genocide and crimes against humanity (extermination and rape). With regard to certain allegations concerning specific attacks, the Chamber held that either the evidence presented was not sufficient or that Musema's alibi cast doubt on the evidence presented by the Prosecution.

Nevertheless, the Chamber was convinced that Musema had participated in the attacks at Gitwa Hill, Rwirambo Hill, Muyira Hill and at Mumataba during April and May and his alibi for that period was rejected. Further, the Chamber found that he had raped a woman named Nyiramusugi and, subsequently, encouraged others to rape her. For carrying out and encouraging such acts, the Trial Chamber found Musema guilty of genocide and crimes against humanity (extermination and rape) and sentenced him to life imprisonment.

Musema appealed this verdict. On 16 November 2001, on the basis of new evidence presented, the Appeals Chamber acquitted him of count 7 (rape as a crime against humanity). It did, however, confirm the rest of the Trial Chamber's judgment, including the sentence.

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

i) Pauline Nyirmasuhuko .et al.19:

Shortly after the death of Rwandan President Habyarimana on April 6th, 1994, ethnic tensions between the Hutu and Tutsi populations in Rwanda that had previously resulted in a civil war in the early 1990s reignited. An interim Government was put into place. It developed a plan to eradicate the Tutsi “enemy” with the use of the armed forces and various civilian militia groups including the Hutu-led paramilitary organization, Interahamwe, the leader of which was, in fact, Nyiramasuhuko’s son.

The six Accused in this case were all military, political or civilian authorities in Butare commune: Nyiramasuhuko was the Minister of Family and Women’s Development; Nsabimana served as the Prefect of Butare from April until 17 June 1994; Nteziryayo was a member of the Ministry of the Interior; Kanyabashi was the mayor of Ngoma commune; Ndayambaje was the mayor of Muganza commune and Ntahobali was a leader of a unit of the Interahamwe. Following the replacement of the former Prefect of Butare by Nsabimana on April 20th, 1994, large-scale massacres and rapes of Tutsis took place in Butare commune. Thousands were killed at Mugombwe Church, Kabuye Hill, Kabakobwe Hill and Matyazo Clinic.

The interim government implemented a policy by which roadblocks were set up so that Tutsis could be identified, abducted, raped and killed by soldiers and Interahamwe militia. Megaphone announcements were made throughout Butare town encouraging the Hutu to hunt down and systematically eradicate the Tutsis. The International Criminal Tribunal for Rwanda (ICTR) convicted each of the Accused variously for genocide, conspiracy to commit genocide, direct and public

19 Pauline Nyirmasuhuko et a, ICTR 98-42,http://www.unictr.org/en/cases/ictr-98-42

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

incitement to genocide, the crimes against humanity of extermination, persecution and rape and the war crimes of violence to life and outrages upon personal dignity. The 18 page long summary of the judgment discusses the "horrific events" - including rape, abduction, beating, and killing of Tutsis in Butare, perpetrated by Nyiramasuhuko and other interim government officials. Nyiramasuhuko, Ntahobali, and Ndayambaje were sentenced to life imprisonment; Kanybashi, Nteziryayo and Nsabimana to 35, 30 and 25 years’ imprisonment respectively. This case is presently on appeal before the Appeals Chamber of the ICTR.20

j) Siméon Nchamihigo v The Prosecutor21:

Siméon Nchamihigo worked in the Office of the Prosecutor in the Cyangugu Prefecture of Rwanda between the months of January and July 1994. He was alleged to have organized and participated in a campaign against the Tutsi population and political enemies in the prefecture of Cyangugu which included compiling lists of influential Tutsis and members of the opposition; identifying individuals to be executed according to the list; surveying and restricting the movements of these individuals in order to execute attacks on them; supervising roadblocks and providing weapons to the militia. Nchamihigo was also alleged to have organized and supervised the military training of the militia in the prefecture of Cyangugu, the very same militia which later participated in attacks on Tustis who had sought refuge in the communes of Hanika, Mibirizi, Nkanka, Shangi and Nyamsheke, in which many were killed.

20 International crimes database,’ The Prosecutor v. Pauline Nyiramasuhuko et al.’, http://www.internationalcrimesdatabase.org/Case/853/Nyiramasuhuko-et-al/ 21 Siméon Nchamihigo v The Prosecutor, ICTR-01-63, http://www.unictr.org/en/cases/ictr-01-63

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda

According to the Amended Indictment against Nchamihigo issued by the International Criminal Tribunal (ICTR) for Rwanda of 18 July 2006, Nchamihigo acted in the capacity of Substitut du Procureur in the Office of Prosecutor on the basis of a forged diploma used to acquire the position. He was accused of genocide; complicity in genocide; crimes against humanity: assassination and extermination for his role in ordering or instigating the Interahamwe to kill Tutsi civilians during the Rwandan Genocide. In addition to this, Nchamihigo was also charged with violence to life, health and physical or mental well being of persons, in particular, murder, cruel treatment such as torture, mutilation, or any kind of physical maltreatment (as violations of the laws and customs of war).

Nchamihigo pleaded not guilty to all the charges. On September 24th, 2008, Trial Chamber III of the ICTR sentenced Nchamihigo to life imprisonment after finding him guilty of genocide, extermination, murder and other inhumane act as crimes against humanity. On March 18th, 2010, the Appeals Chamber reduced his sentence to 40 years’ imprisonment.22

III. Conclusion

The present document encapsulates Landmark Judgements of the ICTR. The enormous number of indictments is an indication of its effectiveness. The Tribunal has been able to convict those who have done wrong to humanity and subsequently tried to fulfil its purpose. The seriousness of the above- mentioned crimes are self-explanatory, the ICTR has set a benchmark in the movement towards maintaining peace by rightly convicting the people who have done wrong in Rwanda and other neighboring states and to humanity as a whole.

22 The Justice Hague Portal,’ Nchamihigo, Siméon’, See: http://www.haguejusticeportal.net/index.php?id=9786 18

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International Criminal Justice Human Rights and Landmark Decisions of the United Nations International Criminal Duties Tribunal for Rwanda