Case No. ICTR-96-4-T - International Criminal Tribunal for Rwanda

696. The Accused is judged criminally responsible under Article 3(g) of the Statute forthe following incidents of rape:(i) the rape of Witness JJ by an Interahamwe who took her from outside the bureaucommunal and raped her in a nearby forest;(ii) the multiple acts of rape of fifteen girls and women, including Witness JJ, bynumerous Interahamwe in the cultural center of the bureau communal;(iii) the multiple acts of rape of ten girls and women, including Witness JJ, by numerousInterahamwe in the cultural center of the bureau communal;(iv) the rape of Witness OO by an Interahamwe named Antoine in a field near the bureaucommunal;(v) the rape of a woman by Interahamwe in between two buildings of the bureaucommunal, witnessed by Witness NN;(vi) the rape of the younger sister of Witness NN by an Interahamwe at the bureaucommunal;(vii) the multiple rapes of Alexia, wife of Ntereye, and her two nieces Louise andNishimwe by Interahamwe near the bureau communal.COUNT 14697. The Accused is judged criminally responsible under Article 3(i) of the Statute forthe following other inhumane acts:(i) the forced undressing of the wife of Tharcisse outside the bureau communal, aftermaking her sit in the mud, as witnessed by Witness KK;(ii) the forced undressing and public marching of Chantal naked at the bureau communal;(iii) the forced undressing of Alexia, wife of Ntereye, and her two nieces Louise andNishimwe, and the forcing of the women to perform exercises naked in public near thebureau communal.7.8. Count 1 - Genocide, Count 2 - Complicity in Genocide698. Count 1 relates to all the events described in the Indictment. The Prosecutor submitsthat by his acts alleged in paragraphs 12 to 23 of the Indictment, Akayesu committed thecrime of genocide, punishable under Article 2(3)(a) of the Statute.699. Count 2 also relates to all the acts alleged in paragraphs 12 to 23 of the Indictment.The Prosecutor alleges that, by the said acts, the accused committed the crime ofcomplicity in genocide, punishable under Article 2(3)(e) of the Statute.700. In its findings on the applicable law, the Chamber indicated supra that, in itsopinion, the crime of genocide and that of complicity in genocide were two distinctcrimes, and that the same person could certainly not be both the principal perpetrator of,and accomplice to, the same offence. Given that genocide and complicity in genocide aremutually exclusive by definition, the accused cannot obviously be found guilty of boththese crimes for the same act. However, since the Prosecutor has charged the accusedwith both genocide and complicity in genocide for each of the alleged acts, the Chamberdeems it necessary, in the instant case, to rule on counts 1 and 2 simultaneously, so as to