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Updates from the International and Internationalized Criminal Courts Shahroo Yazdani American University Washington College of Law

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Updates from the International and Internationalized Criminal Courts Shahroo Yazdani American University Washington College of Law Human Rights Brief Volume 17 | Issue 2 Article 8 2010 Updates from the International and Internationalized Criminal Courts Shahroo Yazdani American University Washington College of Law Christopher Valvardi American University Washington College of Law Aileen Thomson American University Washington College of Law Laticia Sanchez American University Washington College of Law Amanda Chace American University Washington College of Law See next page for additional authors Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the International Law Commons Recommended Citation Yazdani, Shahroo, Christopher Valvardi, Aileen Thomson, Laticia Sanchez, Amanda Chace, Paul Rinefierd, and Rebecca Williams. "Updates from the International and Internationalized Criminal Courts and Tribunals." Human Rights Brief 17, no.2 (2010) 53-59. This Column is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Authors Shahroo Yazdani, Christopher Valvardi, Aileen Thomson, Laticia Sanchez, Amanda Chace, Paul Rinefierd, and Rebecca Williams This column is available in Human Rights Brief: http://digitalcommons.wcl.american.edu/hrbrief/vol17/iss2/8 Yazdani et al.: Updates from the International and Internationalized Criminal Cou updates from international AND internationalized criminal courts & tribunals international Criminal triBunal was insufficient evidence to indict him and liament and as prefect of two different for rWanDa ordered his immediate release. regions. He traveled to Canada to study in 1989 and returned to Rwanda in 1993 to As expected, the two acquittals have work in business. “Mr. Zed,” as he became victims cRitiQue tHe ictR angered many in the survivor community, known, remained influential in Rwandan sparking protests from individuals as well In the fourteen years since the Inter- politics vis-à-vis the marriage of his sister, as survivor organizations. The protestors, national Criminal Tribunal for Rwanda Agathe Kanzig, to President Habyarimana, who gathered in front of the ICTR docu- (ICTR) was established, it has made a num- whose apparent assassination was the mentation center three days after Nsen- ber of decisions that have angered survi- immediate catalyst for the mass killing of gimana’s release, criticized the ICTR and vors of the Rwandan genocide. As may be Tutsis and moderate Hutus between April called the acquittals “malpractices.” Oth- expected, many of these disappointments and July 1994. Zigiranyirazo’s Decem- ers, such as Jean de Dieu Mucyo, the have been the direct result of acquittal ber 2008 convictions by the ICTR Trial Executive Secretary of the National Com- judgments handed down in genocide cases. Chamber stemmed from three incidents mission for the Fight against Genocide in two separate locations, which resulted This fragile relationship has become (CNLG), have attributed the acquittals to in the deaths of between 810 and 1,520 more strained in recent months due to the laxity of ICTR prosecutors. The CNLG persons. First, the Trial Chamber found the ICTR Appeals Chamber’s shocking and other similar organizations are of great that he traveled to a Tutsi refugee gathering move to acquit Protais Zigiranyirazo on value to the ICTR because they provide on Kesho Hill, where he gave a speech to November 16, 2009 (see judgment sum- survivor witnesses to assist the prosecu- a group of officials, civilians, and Intera- mary below). Zigiranyirazo, the brother-in- tion. However, the recent judgments have hamwe soldiers just prior to the killing of law of the late Rwandan president Juvénal caused many such groups to threaten to between 800 and 1,500 of the refugees. Habyarimana, was originally charged with discontinue providing such services, which Zigiranyirazo’s involvement at Kesho Hill participating in a joint criminal enterprise would significantly hinder the prosecution. resulted in convictions on separate counts to kill Tutsis at Kesho Hill, as well as aid- With pressure from survivor groups of genocide and extermination as a crime ing and abetting genocide in relation to the mounting, the ICTR is now in a delicate against humanity, earning him two concur- killing of Tutsis at a roadblock in Kiyovu. position. The decisions it makes in the rent twenty-year sentences. The prosecu- In 2008, Trial Chamber III found Zigirany- coming months may have the power to tion also presented evidence at trial that irazo guilty and sentenced him to twenty considerably alter the ICTR’s future. Zigiranyirazo twice traveled to a roadblock years of imprisonment on one count and at Kiyovu, near Kigali, where he aided and fifteen on the other count. In its recent Shahroo Yazdani, a J.D. candidate at the abetted acts of genocide by offering fire- decision, the Appeals Chamber reversed Washington College of Law, wrote this arms and providing instructions to soldiers the Trial Chamber’s judgment after find- column on the International Criminal Tri- there. Between ten and twenty people were ing factual and legal errors in the lower bunal for Rwanda for the Human Rights killed at the roadblock. The Trial Chamber chamber’s assessment of Zigiranyirazo’s Brief. convicted him on one count of aiding and alibi. According to the Appeals Chamber, abetting genocide and handed down a third the prosecution was unable to show beyond Protais ZigiranyiraZo v. the concurrent sentence of fifteen years. In a reasonable doubt that Zigiranyirazo was Prosecutor, case no. ictR-01- relation to both incidents, the Trial Cham- involved in the alleged killings and the 73-a ber dismissed the alibi evidence raised by Trial Chamber erred by shifting the burden the accused. of proof to the accused. On November 16, 2009, the Appeals Chamber of the ICTR reversed the convic- On appeal, Zigiranyirazo challenged, The unexpected move was followed by tions of Protais Zigiranyirazo for com- inter alia, the Trial Chamber’s evaluation another on November 17, 2009, when the mitting genocide and extermination as of alibi evidence presented by the Defense ICTR decided to acquit Father Hormis- a crime against humanity in relation to in relation to both the events at Kesho Hill das Nsengimana. Nsengimana, a Catholic events occurring at Kesho Hill in Gisenyi and the Kiyovu Roadblock. In addressing priest who was arrested in 2002 was origi- Prefecture, as well as his conviction for this challenge, the Appeals Chamber began nally thought to have been at the center of aiding and abetting genocide in relation to with a general discussion of the burden a group of Hutu extremists that carried out events occurring at the Kiyovu Roadblock. of proof in the assessment of alibis. Spe- attacks in Nyanza in 1994. He has been The judgment marks the first time that the cifically, the Appeals Chamber explained accused of both direct and indirect killings, Appeals Chamber has entirely acquitted that an accused does not bear the burden and among his alleged victims are a Tutsi and released an ICTR convict. of proving an alibi beyond a reasonable priest and a judge. After a thorough exami- doubt, but must simply produce evidence nation of all the charges brought against Prior to the events of 1994, Mr. Zigi- that he was not present at the time of the Nsengimana, Trial Chamber I found there ranyirazo spent twenty years in Rwandan alleged crime; or, alternatively, he must politics, serving as a Member of Par- Published by Digital Commons @ American University Washington College53 of Law, 2010 1 Human Rights Brief, Vol. 17, Iss. 2 [2010], Art. 8 present evidence likely to raise a reason- Second, the Appeals Chamber found that he had been held since shortly after his able doubt as to whether he was present. the lower court erred in failing to provide arrest in Belgium in 2001. In the words of the Appeals Chamber, “[i]f a “reasoned opinion” in relation to the fea- Christopher Valvardi, a J.D. candidate at the alibi is reasonably possibly true, it must sibility of travel between Kesho Hill and the Washington College of Law, wrote the be accepted,” and the Prosecution must Kanombe, which was an issue of “crucial judgment summary of Protais Zigiranyirazo then establish beyond reasonable doubt importance.” Finally, the Appeals Cham- v. The Prosecutor. Susana SáCouto, Direc- that, “despite the alibi, the facts alleged ber determined that the Trial Chamber tor of the War Crimes Research Office, and are nevertheless true.” In order to deter- committed error by improperly dismiss- Katherine Anne Cleary, Assistant Director mine whether the Trial Chamber improp- ing certain key alibi evidence offered by of the War Crimes Research Office, edited erly shifted the burden in a given case, the the Defense. Taken together, the Appeals this summary for the Human Rights Brief. Appeals Chamber held that it must look Chamber found that the lower court’s for language suggesting, inter alia, that reversal of the burden of proof, failure to the Trial Chamber required the accused provide a reasoned opinion on an issue the Prosecutor v. tharcisse to “negate” the prosecution’s argument, to critical to the Defense’s case, and mistreat- renZaho, case no. ictR-97-31-a “exonerate” himself, or to “refute the pos- ment of key evidence invalidated Zigirany- On July 14, 2009, Trial Chamber I of sibility” that he could have been present irazo’s convictions in relation to the events the ICTR found Tharcisse Renzaho guilty when the crime was committed. at Kesho Hill. of genocide, murder as a crime against The Appeals Chamber then turned to Turning to Zigiranyirazo’s conviction humanity, rape as a crime against human- the alleged errors relating to the Defense’s for the events at the Kiyovu Roadblock, ity, murder as a violation of Common alibi evidence in regards to Kesho Hill.
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