THE PROSECUTOR vs OMAR SERUSHAGO

THE PROSECUTOR vs OMAR SERUSHAGO

Omar Serushago was found guilty on his own plea to genocide and three counts of crimes against humanity (murder, extermination, torture). The Chamber considered the extreme gravity of the crimes, Serushago's leadership role, and premeditation as aggravating factors. Mitigating factors included his substantial cooperation with the Prosecutor, voluntary surrender, guilty plea, assistance to some victims, family circumstances, and public remorse. The Chamber determined that these exceptional mitigating circumstances warranted some clemency, resulting in a single sentence of fifteen years' imprisonment for all crimes.

Citation
ICTR 98-39-S
Parties
Prosecutor: The Prosecutor; Accused: Omar Serushago
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
5 February 1999
Case Number
ICTR 98-39-S
Procedural Posture
Criminal / Sentencing Judgment
Outcome
conviction and sentence
Legal Topics
Genocide, Crimes Against Humanity, Sentencing, Guilty Plea, Mitigating and Aggravating Circumstances
Source Language
en
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Sentencing Guilty Plea Mitigating and Aggravating Circumstances

Case Brief

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Parties

The Prosecutor

Prosecutor

Omar Serushago

Accused

Procedural Posture

Criminal / Sentencing Judgment

Legal Issues

  1. 1 Appropriate sentence for guilty plea to genocide and crimes against humanity
  2. 2 Application of aggravating and mitigating circumstances in sentencing for international crimes

Ratio Decidendi

Omar Serushago was found guilty on his own plea to genocide and three counts of crimes against humanity (murder, extermination, torture). The Chamber considered the extreme gravity of the crimes, Serushago's leadership role, and premeditation as aggravating factors. Mitigating factors included his substantial cooperation with the Prosecutor, voluntary surrender, guilty plea, assistance to some victims, family circumstances, and public remorse. The Chamber determined that these exceptional mitigating circumstances warranted some clemency, resulting in a single sentence of fifteen years' imprisonment for all crimes.

Court Disposition

conviction and sentence

Orders

  • Omar Serushago is sentenced to a single term of fifteen (15) years of imprisonment for all crimes of which he has been convicted.
  • Imprisonment to be served in a State designated by the President of the Tribunal.