The Prosecutor v. Emmanuel Rukundo (Trial Judgment)

The Prosecutor v. Emmanuel Rukundo (Trial Judgment)

The Chamber found that Emmanuel Rukundo was individually criminally responsible for genocide, murder, and extermination as crimes against humanity. The Chamber determined that Rukundo, acting as a priest and military chaplain, participated in the abduction and killing of Tutsi civilians, including the murder of Madame Rudahunga and the abduction and killing of Tutsi refugees from the St. Léon Minor Seminary. The Chamber found that Rukundo’s actions were integral to the commission of these crimes and that he acted with the specific intent to destroy, in whole or in part, the Tutsi ethnic group. The Chamber also found, by majority, that Rukundo’s sexual assault of a young Tutsi woman...

Citation
27 February 2009
Parties
Prosecutor: The Prosecutor; Accused: Emmanuel Rukundo
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
27 February 2009
Case Number
ICTR-2001-70-T
Procedural Posture
International Criminal Trial / Trial Judgment
Outcome
Conviction on three counts: genocide, murder as a crime against humanity, and extermination as a crime against humanity. Acquittal on other counts and allegations not proven beyond reasonable doubt.
Legal Topics
Genocide, Crimes Against Humanity, Murder, Extermination, Sexual Violence, Individual Criminal Responsibility, Evidentiary Standards, Sentencing
Source Language
en, rw
International Criminal Law Human Rights Law Genocide Crimes Against Humanity Murder Extermination Sexual Violence Individual Criminal Responsibility +2 more

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Parties

The Prosecutor

Prosecutor

Emmanuel Rukundo

Accused

Procedural Posture

International Criminal Trial / Trial Judgment

Legal Issues

  1. 1 Whether Emmanuel Rukundo is criminally responsible for genocide, murder, and extermination as crimes against humanity under the ICTR Statute; Whether the prosecution proved beyond reasonable doubt the elements of the charged crimes; Whether the indictment provided sufficient notice; Whether the accused's conduct caused serious mental harm; Whether the accused's actions constituted sexual violence amounting to genocide

Ratio Decidendi

The Chamber found that Emmanuel Rukundo was individually criminally responsible for genocide, murder, and extermination as crimes against humanity. The Chamber determined that Rukundo, acting as a priest and military chaplain, participated in the abduction and killing of Tutsi civilians, including the murder of Madame Rudahunga and the abduction and killing of Tutsi refugees from the St. Léon Minor Seminary. The Chamber found that Rukundo’s actions were integral to the commission of these crimes and that he acted with the specific intent to destroy, in whole or in part, the Tutsi ethnic group. The Chamber also found, by majority, that Rukundo’s sexual assault of a young Tutsi woman...

Court Disposition

Conviction on three counts: genocide, murder as a crime against humanity, and extermination as a crime against humanity. Acquittal on other counts and allegations not proven beyond reasonable doubt.

Orders

  • Emmanuel Rukundo is sentenced to twenty-five (25) years of imprisonment.
  • Credit is given for time served since 12 July 2001.