P 10 - International Criminal Justice M 25 - Landmark Decisions of the United Nations International Criminal Tribunal for Rwanda 1 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 2 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 3 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 genocide 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 4 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 Tutsi 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. 5 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 Rwandan Genocide. The civil war in Rwanda that had opposed the government to the Tutsi dominated Rwandan Patriotic Front 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 Interahamwe, 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 Tutsis. 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 incitement to genocide, 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 7 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.