THE PROSECUTOR v THÉONESTE BAGOSORA AND ANATOLE NSENGIYUMVA

THE PROSECUTOR v THÉONESTE BAGOSORA AND ANATOLE NSENGIYUMVA

The Chamber found that Bagosora, Ntabakuze, and Nsengiyumva exercised superior responsibility over subordinates who committed genocide, crimes against humanity, and war crimes, and that they ordered, aided, or abetted specific massacres and attacks against Tutsi civilians and political opponents. The Chamber acquitted all accused of conspiracy to commit genocide, finding the evidence insufficient to prove an agreement to commit genocide prior to 7 April 1994. Kabiligi was acquitted of all charges due to lack of evidence of command authority or direct involvement. The Chamber imposed life imprisonment on Bagosora, Ntabakuze, and Nsengiyumva for the gravity of their crimes.

Citation
ICTR-98-41-T
Parties
Prosecutor: The Prosecutor; Accused: Théoneste Bagosora; Accused: Gratien Kabiligi; Accused: Aloys Ntabakuze; Accused: Anatole Nsengiyumva
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
12 December 2008
Case Number
ICTR-98-41-T
Procedural Posture
International Criminal Trial / Judgement and Sentencing
Outcome
Bagosora, Ntabakuze, and Nsengiyumva found guilty of genocide, crimes against humanity, and war crimes; sentenced to life imprisonment. Kabiligi acquitted of all charges and ordered released.
Legal Topics
Genocide, Crimes Against Humanity, War Crimes, Command Responsibility, Superior Responsibility, Conspiracy, Incitement, Murder, Extermination, Rape, Persecution, Inhumane Acts, Violence to Life, Outrages Upon Personal Dignity
Source Language
en
International Criminal Law Human Rights Law International Humanitarian Law Genocide Crimes Against Humanity War Crimes Command Responsibility Superior Responsibility +9 more

Case Brief

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Parties

The Prosecutor

Prosecutor

Théoneste Bagosora

Accused

Gratien Kabiligi

Accused

Aloys Ntabakuze

Accused

Anatole Nsengiyumva

Accused

Procedural Posture

International Criminal Trial / Judgement and Sentencing

Legal Issues

  1. 1 Whether the accused conspired to commit genocide
  2. 2 Whether the accused are guilty of genocide, crimes against humanity, and war crimes
  3. 3 Whether the accused exercised superior responsibility over subordinates

Ratio Decidendi

The Chamber found that Bagosora, Ntabakuze, and Nsengiyumva exercised superior responsibility over subordinates who committed genocide, crimes against humanity, and war crimes, and that they ordered, aided, or abetted specific massacres and attacks against Tutsi civilians and political opponents. The Chamber acquitted all accused of conspiracy to commit genocide, finding the evidence insufficient to prove an agreement to commit genocide prior to 7 April 1994. Kabiligi was acquitted of all charges due to lack of evidence of command authority or direct involvement. The Chamber imposed life imprisonment on Bagosora, Ntabakuze, and Nsengiyumva for the gravity of their crimes.

Court Disposition

Bagosora, Ntabakuze, and Nsengiyumva found guilty of genocide, crimes against humanity, and war crimes; sentenced to life imprisonment. Kabiligi acquitted of all charges and ordered released.

Orders

  • Bagosora, Ntabakuze, and Nsengiyumva sentenced to life imprisonment and to remain in custody pending transfer to serve their sentences.
  • Kabiligi ordered released immediately and Registry to make necessary arrangements.