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

More documents

Recommendations

Info

Footnote 151. Ibid and International Committee of the Red Cross Commentary on the Additional Protocolsof 8 June 1977 to the Geneva Conventions of 12 August 1949, para. 4438, (hereinafter the "Commentaryon Additional Protocol II").Footnote 152. See the Secretary General's Report on practical arrangements for the effective functioning ofthe International Tribunal for Rwanda, recommending Arusha as the seat of the Tribunal, UN Doc.S/1995/134, of 13 February 1995.Footnote 153. Ibid paragraphs 11 - 12Footnote 154. See the Secretary General's Report to the Security Council on establishment of the ICTY,UN Doc. S/25704, of 3 May 1993, para 34.Footnote 155. See ICTY Tadic Judgment of 7 May 1997, paragraph 609Footnote 156. Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction of 2 October 1995,paragraphs 116 and 134.Footnote 157. Ibid paragraph 117Footnote 158. Save for 4(2)(f) slavery and the slave trade in all their formsFootnote 159. As regards Collective Punishments'note should be taken of commentary thereon, para 4535 -4536 Commentary on Additional Protocol IIFootnote 160. Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction of 2 October 1995,paragraph 128Footnote 161. Ibid paragraph 134Footnote 162. See ICTY Tadic Judgment of 7 May 1997, paragraph 613Footnote 163. See ICTY Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction of 2October 1995, para. 70Footnote 164. See International Committee of the Red Cross, Commentary I Geneva Convention, Article 3,Paragraph 1 - Applicable ProvisionsFootnote 165. IbidFootnote 166. See Commentary on Additional Protocol II, paras 4338-4341Footnote 167. See Factual Findings - General Allegations (paragraphs 5-11 of the Indictment)'Footnote 168. See generally Commentary on Additional Protocol II, Article 1 (Material field ofapplication)Footnote 169. See in particular documents referred to in Factual Findings - General Allegations (paragraphs5-11 of the Indictment)'Footnote 170. Report of the United Nations High Commissioner for Human Rights on his mission toRwanda of 11-12 May 1994 (E/CN.4/S-3/3. 19 May 1994)
Footnote 171. See General Legal Findings - Individual Criminal Responsibility (Article 6 of the Statute)'Footnote 172. See The Hadamar Trial, Law Reports of Trials of War Criminals ("LRTWC"), Vol. I, pp. 53-54: "The accused were not members of the German armed forces, but personnel of a civilian institution.The decision of the Military Commission is, therefore, an application of the rule that the provisions of thelaws or customs of war are addressed not only to combatants but also to civilians, and that civilians, bycommitting illegal acts against nationals of the opponent, may become guilty of war crimes"; The EssenLynching Case, LRTWC, Vol. I, p.88, in which, inter alia, three civilians were found guilty of the killingof unarmed prisoners of war; and the Zyklon B Case, LRTWC, Vol. I, p. 103: "The decision of the MilitaryCourt in the present case is a clear example of the application of the rule that the provisions of the laws andcustoms of war are addressed not only to combatants and to members of state and other public authorities,but to anybody who is in a position to assist in their violation. [...] The Military Court acted on the principlethat any civilian who is an accessory to a violation of the laws and customs of war is himself also liable as awar criminal".Footnote 173. Commentary on Additional Protocol II, paragraph 4490Footnote 174. See ICTY Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction of 2October 1995, paragraph 69Footnote 175. supra Legal Findings on Article 4 of the Statute' and Genocide in Rwanda in Rwanda in1994'Footnote 176. supra Factual findings on paragraphs 14 and 15 of the Indictment'Footnote 177. "Ntihazagire umbaza uko umututsikazi yari ameze, ngo kandi mumenye ko ejo ngo nibabicanta kintu muzambaza."Footnote 178. See findings of the Chamber on Count 4.Footnote 179. 1 See above the findings of the Trial Chamber on the law applicable to the crime ofgenocide.Footnote 180. 2 See above, the findings of the Trial Chamber on the occurrence of genocide against theTutsi group in Rwanda in 1994.Footnote 181. See above, the findings of the Trial Chamber on the Chapter relating to the law applicable tothe crime of genocide, in particular, the definition of the constituent elements of genocide.
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 and 108:
which were at times committed by mo
Page 109 and 110:
communal into a forest in the area
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: Footnote 134. Secretary General's R
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?