THE PROSECUTOR V. JUVÉNAL KAJELIJELI (JUDGMENT AND SENTENCE)

THE PROSECUTOR V. JUVÉNAL KAJELIJELI (JUDGMENT AND SENTENCE)

The Chamber found beyond reasonable doubt that Ildephonse Hategekimana, as Commander of Ngoma Camp, participated in a joint criminal enterprise to commit genocide and crimes against humanity, ordered and facilitated the killing of Tutsi civilians at Ngoma Parish and Maison Généralice, and was responsible for the murder of Jean Bosco Rugomboka and the rape of Nura Sezirahiga. The Chamber found that Hategekimana exercised effective control over Ngoma Camp soldiers, failed to prevent or punish their crimes, and that his actions were part of a widespread and systematic attack against the Tutsi civilian population. The Chamber acquitted him of complicity in genocide but convicted him of...

Citation
ICTR-98-44A-T
Parties
Prosecutor: The Prosecutor; Accused: Ildephonse Hategekimana
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
1 December 2003
Case Number
ICTR-98-44A-T
Procedural Posture
International Criminal Trial / Judgment and Sentence
Outcome
Convicted on counts of genocide, murder as a crime against humanity, and rape as a crime against humanity; acquitted of complicity in genocide.
Legal Topics
Genocide, Crimes Against Humanity, Command Responsibility, Joint Criminal Enterprise, Rape, Murder
Source Language
en, rw, fr
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Command Responsibility Joint Criminal Enterprise Rape Murder

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Parties

The Prosecutor

Prosecutor

Ildephonse Hategekimana

Accused

Procedural Posture

International Criminal Trial / Judgment and Sentence

Legal Issues

  1. 1 Whether Ildephonse Hategekimana is criminally responsible for genocide, murder, and rape as crimes against humanity under Articles 6(1) and 6(3) of the ICTR Statute; Whether the accused participated in a joint criminal enterprise; Whether the accused exercised effective control over subordinates who committed crimes; Whether the accused is guilty of complicity in genocide.

Ratio Decidendi

The Chamber found beyond reasonable doubt that Ildephonse Hategekimana, as Commander of Ngoma Camp, participated in a joint criminal enterprise to commit genocide and crimes against humanity, ordered and facilitated the killing of Tutsi civilians at Ngoma Parish and Maison Généralice, and was responsible for the murder of Jean Bosco Rugomboka and the rape of Nura Sezirahiga. The Chamber found that Hategekimana exercised effective control over Ngoma Camp soldiers, failed to prevent or punish their crimes, and that his actions were part of a widespread and systematic attack against the Tutsi civilian population. The Chamber acquitted him of complicity in genocide but convicted him of...

Court Disposition

Convicted on counts of genocide, murder as a crime against humanity, and rape as a crime against humanity; acquitted of complicity in genocide.

Orders

  • Sentenced to life imprisonment.
  • To remain in custody pending transfer to a designated state for service of sentence.