investigation of the Prosecution, rather than from public pressure. Nevertheless, theChamber takes note of the interest shown in this issue by non-governmentalorganizations, which it considers as indicative of public concern over the historicalexclusion of rape and other <strong>for</strong>ms of sexual violence from the investigation andprosecution of war crimes. The investigation and presentation of evidence relating tosexual violence is in the interest of justice.418. Following the amendment of the Indictment, Witness JJ, a Tutsi woman, testifiedabout the events which took place in Taba after the plane crash. She that she was drivenaway from her home, which was destroyed by her Hutu neighbours who attacked her andher family after a man came to the hill near where she lived and said that the bourgmestrehad sent him so that no Tutsi would remain on the hill that night. Witness JJ saw herTutsi neighbours killed and she fled, seeking refuge in a nearby <strong>for</strong>est with her baby onher back and her younger sister, who had been wounded in the attack by a blow with anaxe and two machete cuts. As she was being chased everywhere she went, Witness JJsaid she went to the bureau communal. There she found more than sixty refugees downthe road and on the field nearby. She testified that most of the refugees were women andchildren.419. Witness JJ testified that the refugees at the bureau communal had been beaten by theInterahamwe and were lying on the ground when she arrived. Witness JJ encounteredfour Interahamwe outside the bureau communal, armed with knives, clubs, small axesand small hoes. That afternoon, she said, approximately <strong>for</strong>ty more Interahamwe cameand beat the refugees, including Witness JJ. At this time she said she saw the Accused,standing in the courtyard of the communal office, with two communal police officerswho were armed with guns, one of whom was called Mushumba. Witness JJ said she wasbeaten on the head, the ribs and the right leg, which left her disabled. That evening, shesaid, the Accused came with a policeman to look <strong>for</strong> refugees and ordered theInterahamwe to beat them up, calling them "wicked, wicked people" and saying they "nolonger had a right to shelter." The refugees were then beaten and chased away. Witness JJsaid she was beaten by the policeman Mushumna, who hit her with the butt of his gunjust behind her ear.420. Witness JJ testified that she spent the night in the rain in a field. The next day shesaid she returned to the bureau communal and went to the Accused, in a group of tenpeople representing the refugees, who asked that they be killed as the others had beenbecause they were so tired of it all. She said the Accused told them that there were nomore bullets and that he had gone to look <strong>for</strong> more in Gitarama but they had not yet beenmade available. He asked his police officers to chase them away and said that even ifthere were bullets they would not waste them on the refugees. As the refugees saw thatdeath would be waiting <strong>for</strong> them anywhere else, Witness JJ testified they stayed at thebureau communal.421. Witness JJ testified that often the Interahamwe came to beat the refugees during theday, and that the policemen came to beat them at night. She also testified that theInterahamwe took young girls and women from their site of refuge near the bureau
communal into a <strong>for</strong>est in the area and raped them. Witness JJ testified that this happenedto her - that she was stripped of her clothing and raped in front of other people. At therequest of the Prosecutor and with great embarrassment, she explicitly specified that therapist, a young man armed with an axe and a long knife, penetrated her vagina with hispenis. She stated that on this occasion she was raped twice. Subsequently, she told theChamber, on a day when it was raining, she was taken by <strong>for</strong>ce from near the bureaucommunal into the cultural center within the compound of the bureau communal, in agroup of approximately fifteen girls and women. In the cultural center, according toWitness JJ, they were raped. She was raped twice by one man. Then another man came towhere she was lying and he also raped her. A third man then raped her, she said, at whichpoint she described herself as feeling near dead. Witness JJ testified that she was at a latertime dragged back to the cultural center in a group of approximately ten girls and womenand they were raped. She was raped again, two times. Witness JJ testified that she couldnot count the total number of times she was raped. She said, "each time you encounteredattackers they would rape you," - in the <strong>for</strong>est, in the sorghum fields. Witness JJ related tothe Chamber the experience of finding her sister be<strong>for</strong>e she died, having been raped andcut with a machete.422. Witness JJ testified that when they arrived at the bureau communal the women werehoping the authorities would defend them but she was surprised to the contrary. In hertestimony she recalled lying in the cultural center, having been raped repeatedly byInterahamwe, and hearing the cries of young girls around her, girls as young as twelve orthirteen years old. On the way to the cultural center the first time she was raped there,Witness JJ said that she and the others were taken past the Accused and that he waslooking at them. The second time she was taken to the cultural center to be raped,Witness JJ recalled seeing the Accused standing at the entrance of the cultural center andhearing him say loudly to the Interahamwe, "Never ask me again what a Tutsi womantastes like," and "Tomorrow they will be killed" (Ntihazagire umbaza uko umututsikaziyari ameze, ngo kandi mumenye ko ejo ngo nibabica nta kintu muzambaza. Ngo ejobazabica). According to Witness JJ, most of the girls and women were subsequentlykilled, either brought to the river and killed there, after having returned to their houses, orkilled at the bureau communal. Witness JJ testified that she never saw the Accused rapeanyone, but she, like Witness H, believed that he had the means to prevent the rapes fromtaking place and never even tried to do so. In describing the Accused and the statementhe made regarding the taste of Tutsi women, she said he was "talking as if someone wereencouraging a player" (Yavugaga nk'ubwiriza umukinnyi) and suggested that he was theone "supervising" the acts of rape. Witness JJ said she did not witness any killings at thebureau communal, although she saw dead bodies there.423. When Witness JJ fled from the bureau communal, she left her one year-old childwith a Hutu man and woman, who said they had milk <strong>for</strong> the child and subsequentlykilled him. Witness JJ spoke of the heavy sorrow the war had caused her. She testified tothe humiliation she felt as a mother, by the public nudity and being raped in the presenceof children by young men. She said that just thinking about it made the war come aliveinside of her. Witness JJ told the Chamber that she had remarried but that her life hadnever been the same because of the beatings and rapes she suffered. She said the pain in
- Page 2 and 3:
1.2. The Indictment1.3. Jurisdictio
- Page 4 and 5:
eports2 which indicated that acts o
- Page 6 and 7:
3. Jean Paul AKAYESU, born in 1953
- Page 8 and 9:
16. Jean Paul AKAYESU, on or about
- Page 10 and 11:
Counts 7-8(Crimes Against Humanity)
- Page 12 and 13:
c) Deliberately inflicting on the g
- Page 14 and 15:
1.4. The Trial1.4.1. Procedural Bac
- Page 16 and 17:
y the opening statement for the Def
- Page 18 and 19:
y the Tribunal for crimes related t
- Page 20 and 21:
38. Regarding the Gishyeshye meetin
- Page 22 and 23:
witness was lying because he or she
- Page 24 and 25:
in the commune. His de facto author
- Page 26 and 27:
70. Apart from asking the prefect t
- Page 28 and 29:
84. According to the testimony of D
- Page 30:
Scores of political leaders were im
- Page 33 and 34:
his listeners to avoid the error of
- Page 35 and 36:
111. The killing of Tutsi which hen
- Page 37 and 38:
killed on the grounds that the foet
- Page 39 and 40:
128. In conclusion, it should be st
- Page 41 and 42:
Witness statements137. During the t
- Page 43 and 44:
protection of witnesses issued by t
- Page 45 and 46:
covered anyone who had anti-Tutsi t
- Page 47 and 48:
Tutsi and the Tutsi were accused of
- Page 49 and 50:
as "two armies", "two belligerents"
- Page 51 and 52:
"The primary criterion for [definin
- Page 53 and 54:
180. Many witnesses testified regar
- Page 55 and 56:
stated in that Decision, it did not
- Page 57 and 58: deeds. For these reasons, the Chamb
- Page 59 and 60: Concerning the allegation that at l
- Page 61 and 62: turned over alive to Akayesu, and t
- Page 63 and 64: younger brothers. He stated that he
- Page 65 and 66: 237. Karangwa testified under cross
- Page 67 and 68: three brothers lie on their stomach
- Page 69 and 70: known as Usuri (phonetic spelling)
- Page 71 and 72: Karangwa's explanation for the inco
- Page 73 and 74: Count 3, Crimes against Humanity (e
- Page 75 and 76: those killed were professors from R
- Page 77 and 78: 290. Witness DCC for the Defence, d
- Page 79 and 80: children, and old people. The Chamb
- Page 81 and 82: further that he had not heard of Ak
- Page 83 and 84: to fetch the one who remains', a pr
- Page 85 and 86: sector councillors called on the cr
- Page 87 and 88: According to witness A, the bourgme
- Page 89 and 90: present took it to mean that the Tu
- Page 91 and 92: 355. The Accused himself confirmed
- Page 93 and 94: 364. Paragraph 15 of the Indictment
- Page 95 and 96: The witness said a certain Françoi
- Page 97 and 98: has not been proved beyond reasonab
- Page 99 and 100: who had come to his house. He said
- Page 101 and 102: Interahamwe at the entrance, carryi
- Page 103 and 104: ack to the bureau communal and on t
- Page 105 and 106: Victim Y (Witness N), a [68] year o
- Page 107: which were at times committed by mo
- Page 111 and 112: clubbing a young teacher who had be
- Page 113 and 114: 434. Two days after arriving at the
- Page 115 and 116: he went into hiding during the mass
- Page 117 and 118: ureau communal, but he insisted tha
- Page 119 and 120: taken away from the bureau communal
- Page 121 and 122: The Accused himself testified that
- Page 123 and 124: 464. In that case, when the matter
- Page 125 and 126: "A person who planned, instigated,
- Page 127 and 128: involve facilitating the commission
- Page 129 and 130: 493. In accordance with the said pr
- Page 131 and 132: Deliberately inflicting on the grou
- Page 133 and 134: y a psychological relationship betw
- Page 135 and 136: Chamber notes that, as stated above
- Page 137 and 138: • complicity by procuring means,
- Page 139 and 140: 547. Consequently, where a person i
- Page 141 and 142: underscoring their commitment to se
- Page 143 and 144: character134. In fact, the concept
- Page 145 and 146: 575. The definition of crimes again
- Page 147 and 148: grounds mentioned in Article 3 of t
- Page 149 and 150: accepted definition of this term in
- Page 151 and 152: adopted primarily to protect the vi
- Page 153 and 154: 610. Whilst the Chamber is very muc
- Page 155 and 156: description, namely, what constitut
- Page 157 and 158: forces to plan and carry out concer
- Page 159 and 160:
635. There is no clear provision on
- Page 161 and 162:
7.2. Count 5 - Crimes against human
- Page 163 and 164:
663. The definition of crimes again
- Page 165 and 166:
677. The Tribunal notes that eviden
- Page 167 and 168:
685. In the light of its factual fi
- Page 169 and 170:
692. The Tribunal finds, under Arti
- Page 171 and 172:
determine, as far as each proven fa
- Page 173 and 174:
the Tutsi in general. Akayesu who h
- Page 175 and 176:
722. As regards the allegations in
- Page 177 and 178:
732. The rape of Tutsi women was sy
- Page 179 and 180:
Chamber finds beyond a reasonable d
- Page 181 and 182:
Footnote 11. Decision: Order for Co
- Page 183 and 184:
Footnote 41. Article 104 of the Loi
- Page 185 and 186:
Footnote 68. Dictionnaire Rwandais-
- Page 187 and 188:
Footnote 103. "Principles of Intern
- Page 189 and 190:
Footnote 134. Secretary General's R
- Page 191:
Footnote 171. See General Legal Fin