The Prosecutor v. Jean-Paul Akayesu

The Prosecutor v. Jean-Paul Akayesu

Jean-Paul Akayesu is individually criminally responsible for genocide, crimes against humanity (including extermination, murder, torture, rape, and other inhumane acts), and direct and public incitement to commit genocide, based on his acts of ordering, instigating, aiding and abetting, and participating in killings, sexual violence, and other atrocities against Tutsi civilians in Taba commune. The Chamber found that these acts were committed with specific intent to destroy the Tutsi group, as part of a widespread and systematic attack on ethnic grounds, and that Akayesu exercised authority and control sufficient for individual and command responsibility. The Chamber also established that...

Citation
ICTR-96-4-T
Parties
Prosecutor: The Prosecutor; Accused: Jean-Paul Akayesu
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
2 September 1998
Case Number
ICTR-96-4-T
Procedural Posture
Criminal / Final Judgment
Outcome
Conviction (in part), Acquittal (in part)
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Sexual Violence in Conflict
Source Language
en
International Criminal Law Human Rights Law Genocide Crimes Against Humanity War Crimes Command Responsibility Sexual Violence in Conflict

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Parties

The Prosecutor

Prosecutor

Jean-Paul Akayesu

Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether Jean-Paul Akayesu is criminally responsible for genocide, crimes against humanity (including murder, extermination, torture, rape, and other inhumane acts), and direct and public incitement to commit genocide; Whether acts of sexual violence constitute genocide and crimes against humanity; Whether Akayesu exercised authority and control sufficient for command responsibility; Whether the acts occurred as part of a widespread or systematic attack against a civilian population on discriminatory grounds.

Ratio Decidendi

Jean-Paul Akayesu is individually criminally responsible for genocide, crimes against humanity (including extermination, murder, torture, rape, and other inhumane acts), and direct and public incitement to commit genocide, based on his acts of ordering, instigating, aiding and abetting, and participating in killings, sexual violence, and other atrocities against Tutsi civilians in Taba commune. The Chamber found that these acts were committed with specific intent to destroy the Tutsi group, as part of a widespread and systematic attack on ethnic grounds, and that Akayesu exercised authority and control sufficient for individual and command responsibility. The Chamber also established that...

Court Disposition

Conviction (in part), Acquittal (in part)

Orders

  • Jean-Paul Akayesu is found guilty of genocide, direct and public incitement to commit genocide, crimes against humanity (extermination, murder, torture, rape, other inhumane acts).
  • Jean-Paul Akayesu is acquitted of complicity in genocide and violations of Article 3 common to the Geneva Conventions (murder, cruel treatment, outrages upon personal dignity).