THE PROSECUTOR v. HATEGEKIMANA (TRIAL JUDGMENT AND SENTENCE)

THE PROSECUTOR v. HATEGEKIMANA (TRIAL JUDGMENT AND SENTENCE)

The Chamber found Ildephonse Hategekimana guilty beyond reasonable doubt of genocide, murder as a crime against humanity, and rape as a crime against humanity, based on his participation in a joint criminal enterprise, his orders and presence at crime scenes, and his effective control over Ngoma Camp soldiers. The Chamber found that he intentionally contributed to the killing of Tutsi civilians at Ngoma Parish and Maison Généralice, the murders of Salomé Mujawayezu, Alice Mukarwesa, and Jacqueline Mukaburasa, the murder of Jean Bosco Rugomboka, and the rape of Nura Sezirahiga. The Chamber found that the crimes were committed as part of a widespread and systematic attack against the Tutsi...

Citation
ICTR-00-55B-T
Parties
Prosecution: The Prosecutor; Accused: Ildephonse Hategekimana
Court
International Tribunal for Rwanda
Jurisdiction
Rwanda
Judgment Date
6 December 2010
Case Number
ICTR-00-55B-T
Procedural Posture
International Criminal Trial / Trial Judgment and Sentence
Outcome
Conviction on counts of genocide, murder as a crime against humanity, and rape as a crime against humanity; acquittal on 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

Case Brief

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Parties

The Prosecutor

Prosecution

Ildephonse Hategekimana

Accused

Procedural Posture

International Criminal Trial / 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; Whether the accused is responsible for specific massacres and acts of sexual violence in Butare Prefecture, Rwanda, in 1994.

Ratio Decidendi

The Chamber found Ildephonse Hategekimana guilty beyond reasonable doubt of genocide, murder as a crime against humanity, and rape as a crime against humanity, based on his participation in a joint criminal enterprise, his orders and presence at crime scenes, and his effective control over Ngoma Camp soldiers. The Chamber found that he intentionally contributed to the killing of Tutsi civilians at Ngoma Parish and Maison Généralice, the murders of Salomé Mujawayezu, Alice Mukarwesa, and Jacqueline Mukaburasa, the murder of Jean Bosco Rugomboka, and the rape of Nura Sezirahiga. The Chamber found that the crimes were committed as part of a widespread and systematic attack against the Tutsi...

Court Disposition

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

Orders

  • Ildephonse Hategekimana is sentenced to life imprisonment.
  • He shall remain in the custody of the Tribunal pending transfer to the state where he will serve his sentence.